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IN RE UNITED SCAFFOLDING, INC.

No. 09-09-00098-CV.

287 S.W.3d 274 (2009)

In re UNITED SCAFFOLDING, INC.

Court of Appeals of Texas, Beaumont.

Decided April 16, 2009.

Attorney(s) appearing for the Case

Kathleen M. Kennedy, Mehaffy Weber, Beaumont, for relator.

Timothy W. Ferguson, Lauren E. Marshall, Beaumont, for real party in interest.

Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.

OPINION

STEVE McKEITHEN, Chief Justice.

In this petition for writ of mandamus, relator United Scaffolding, Inc. contends the trial court abused its discretion by granting a motion for new trial filed by James Levine and Lisa Levine after a jury rendered a verdict in the underlying proceeding. The trial court granted the motion and ordered a new trial "in the interest of justice and fairness."

United Scaffolding contends the trial court abused its...

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