Texas Supreme Court
In Re Toyota Motor Sales, U.S.A., Inc. and Viscount Properties Ii, L.p., D/b/a Hoy Fox Toyota/lexus, Relators
August 30, 201356 Tex. Sup. Ct. J. 1007
Summary
The Texas Supreme Court held that appellate courts may conduct merits‑based mandamus review of a trial court's reasons for granting a new trial and found that the trial court abused its discretion in granting a new trial as a sanction; consequently, the court reversed the new‑trial order and remanded for the trial court to enter judgment on the jury verdict. Justice LEHRMANN filed a concurring opinion emphasizing the importance of the jury‑trial right.