The Dallas Court of Appeals has held that the lack of a reporter’s record from a trial on unliquidated damages requires reversal of the judgment. In this case, the defendant defaulted and a trial was held on unliquidated damages. No court reporter was present. The trial court entered judgment for plaintiff awarding $1.3 million in
new trial
New Trial Granted Based on “Inherent Power to Sanction”
By Mike Northrup on
Posted in Mandamus
Last year, the Texas Supreme Court shook things up a little with its opinion in In re Columbia Medical Center, in which it granted a petition for writ of mandamus and ordered a trial court to state the reasons for granting a new trial. Prior to that time, mandamus relief was not available to a…
Trial courts must state the reasons for granting motions for new trial
By Mike Northrup on
Posted in Opinions & Judgments
The Dallas Court of Appeals granted a petition for writ of mandamus in In re Hunter, and ordered the trial court to specify the reasons for ordering a new trial.
The court’s opinion relies upon the Texas Supreme Court’s opinion in In re Columbia Medical Center, 290 S.W.3d 204 (Tex. 2009), to support…