Legal Opinion
in Re: Whataburger Restaurants LP.
Texas Court of Appeals, 8th District (El Paso)
Decided December 8, 2010No. 08-10-00250-CVPublished
1Opinion of the Court
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § § IN RE: No. 08-10-00250-CV § WHATABURGER RESTAURANTS, LP, AN ORIGINAL PROCEEDING § Relator. IN MANDAMUS § § MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS Relator seeks a writ of mandamus, arguing that the trial court applied the wrong standards in granting a motion for new trial based on juror misconduct. An order granting a new trial is subject to mandamus review if the trial court fails to specify the reasons for ordering the new trial. See In re Columbia Med. Ctr.,
290 S.W.3d 204, 215
(Tex. 2009)(orig. proceeding)(“Broad…