Legal Opinion

in Re Kenny Bates Dba Bates Backhoe Service

Texas Court of Appeals, 1st District (Houston)

Decided February 13, 2014No. 01-13-00037-CVPublishedCited by 16 opinions

1Opinion of the Court

OPINION

EVELYN V. KEYES, Justice.

Relator, Kenny Bates d/b/a Bates Backhoe Service, petitioned for writ of mandamus, seeking to compel the trial court to set aside its order granting the motion for new trial filed by real party in interest, Jacob Walker. 1 In four issues, Bates contends that the trial court clearly abused its discretion when it (1) signed the order granting a new trial after its plenary power had expired; (2) purportedly granted a new trial based on factual sufficiency grounds, but applied the legal sufficiency standard in the new trial order; (3) granted a new trial based on…

Also in this document: Concurrence.

2Cases cited19 opinions

  1. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  2. In Re CSX Corp.Texas Supreme Court · 2003
  3. In Re Southwestern Bell Telephone Co.Texas Supreme Court · 2000
  4. In Re Brookshire Grocery Co.Texas Supreme Court · 2008
  5. In Re Odyssey Healthcare, Inc.Texas Supreme Court · 2010

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3Cited by16 opinions

  1. Dr. Hani Hanna v. Locumtenens.com LLC D/B/A Lt Medical LLC, Texas Court of Appeals, 14th District (Houston)2022
  2. In Re Kimco Developers, Inc. KD Houston 1086A, Inc., Kimco Realty Services, Inc., and Kimco Realty Corporation v. the State of Texas, Texas Court of Appeals, 15th District2025
  3. In Re Powered by People and Robert Francis O'Rourke v. the State of Texas, Texas Court of Appeals, 15th District2025
  4. In Re Randall Bolivar v. the State of Texas, Texas Court of Appeals, 13th District2025
  5. Marek E. Menger v. Carlos Ryerson and Michael Bynane, Texas Court of Appeals, 14th District (Houston)2021

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