In re Cook

Summary

The Texas Supreme Court conditionally granted mandamus relief in a divorce action involving a trial court’s grant of a new trial after a jury verdict. The Court held that the successor trial judge abused his discretion by merely reaffirming the prior new-trial order without clearly identifying reasonably specific reasons for refusing to enter judgment on the jury verdict.

Holdings

1. A successor trial judge who reaffirms a predecessor's order granting a new trial must provide the successor court's own clearly identified and reasonably specific reasons for refusing to enter judgment on the jury verdict. An order stating only that the predecessor's orders should remain unchanged is insufficient.
2. Mandamus relief should be conditionally granted because the successor judge abused his discretion by failing to state reasons for refusing to enter judgment on the jury verdict, and there was no adequate remedy by appeal.

Questions Presented

1. Whether the successor trial judge abused his discretion by reaffirming an order granting a new trial without specifying the reasons for setting aside the jury verdict.
2. Whether mandamus relief was available because the successor judge's failure to state sufficiently specific reasons left Jeffrey without an adequate remedy by appeal.

Disposition

writ_granted