In re Baylor Medical Center at Garland

Summary

The Supreme Court of Texas held that a trial court may reconsider and vacate an order granting a new trial at any time before final judgment is entered. The Court overruled Porter v. Vick and abated the mandamus proceeding so the successor trial judge could reconsider whether to reinstate the jury verdict or grant a new trial.

Holdings

1. Baylor was not required to begin again in the court of appeals because the current proceeding was a continuation of the earlier proceeding concerning the same order, and Baylor had been misled into believing the first proceeding was moot.
2. The proceeding must be abated to allow the successor judge to reconsider the predecessor's decision.
3. A trial court may reconsider and vacate an order granting a new trial at any time before a final judgment is entered while the case remains pending. The court overruled Porter v. Vick to the extent it imposed a contrary deadline.

Questions Presented

1. Whether Baylor was required to file a new mandamus petition in the court of appeals after the successor trial judge reconsidered the challenged order.
2. Whether a trial court may vacate or reconsider an order granting a new trial after the period in which plenary power over the original judgment would have expired.
3. Whether the mandamus proceeding should be abated for the current successor judge to reconsider the prior judge's new-trial order.

Disposition

other