In Re Toyota Motor Sales, U.S.A., Inc. and Viscount Properties Ii, L.p., D/b/a Hoy Fox Toyota/lexus, Relators

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, applying that standard, found the trial court abused its discretion in granting a new trial; the Court conditionally granted mandamus relief, ordering the trial court to withdraw its new‑trial order and enter judgment on the original verdict. Justice LEHRMANN, in a concurring opinion, emphasized the importance of the jury‑trial right and cautioned that Columbia’s requirements do not extend to new‑trial orders that do not set aside a jury verdict.