In Re Goss

OPINION

Opinion by

Justice ROSS.

Barbara Goss, the plaintiff below, has filed a petition for writ of mandamus asking us to order the trial court to vacate its order granting Brookshire Grocery Company’s motion for new trial. She contends the grant is not valid because the trial court had lost plenary power before it granted the motion.

The underlying lawsuit is a tort action by Goss against Brookshire in which the jury awarded substantial damages in her favor. Following the jury’s verdict, but before judgment, Brookshire filed a combined motion for judgment notwithstanding the verdict, and in the…