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IN RE BAYLOR MEDICAL CENTER AT GARLAND

No. 06-0491.

280 S.W.3d 227 (2008)

In re BAYLOR MEDICAL CENTER AT GARLAND, Relator.

Supreme Court of Texas.

Delivered August 29, 2008.

Attorney(s) appearing for the Case

R. Brent Cooper, Michelle E. Robberson, John A. Scully, Cooper & Scully, P.C., Derek S. Davis, Founders Square, Dallas TX, for Relator.

William M. Hayner Jr., William M. Hayner, William M. Hayner & Associates, Gil L. Daley II, Law Office of Gil L. Daley, II, P.C., Dallas TX, for Real Party in Interest.

Justice BRISTER delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice O'NEILL, Justice WAINWRIGHT, Justice GREEN, Justice MEDINA and Justice WILLETT joined.

Mandamus will not issue against a new judge for what a former one did.1 In this medical malpractice case, the jury found for the defendant hospital, but the trial judge granted a new trial, allegedly based on juror affidavits prohibited by the...

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