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IN RE GOSS

No. 06-05-00033-CV.

160 S.W.3d 288 (2005)

In re Barbara GOSS.

Court of Appeals of Texas, Texarkana.

Decided March 25, 2005.

Attorney(s) appearing for the Case

P. Michael Jung, Strasburger & Price, LLP, Dallas, George A. Boll, Jeff R. Ward, Juneau, Boll & Ward, PLLC, Addison, for relator.

Deborah J. Race, Ireland, Carroll & Kelley, PC, Charles H. Clark, Clark, Lea, Ainsworth & Porter, Tyler, for real party in interest.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Justice ROSS.

Barbara Goss, the plaintiff below, has filed a petition for writ of mandamus asking us to order the trial court to vacate its order granting Brookshire Grocery Company's motion for new trial. She contends the grant is not valid because the trial court had lost plenary power before it granted the motion.

The underlying lawsuit is a tort action by Goss against Brookshire in which the jury awarded substantial damages...

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