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IN RE COLUMBIA MEDICAL CENTER

No. 06-0416.

290 S.W.3d 204 (2009)

In re COLUMBIA MEDICAL CENTER OF LAS COLINAS, SUBSIDIARY, L.P. d/b/a Las Colinas Medical Center, Antonette Conner, and Anna Mathew, Relators.

Supreme Court of Texas.

Decided July 3, 2009.

Attorney(s) appearing for the Case

R. Brent Cooper, Diana L. Faust, David E. Olesky, Melanie Sky Breedlove, Heather Jean Reynolds Johnson and Marlow James Muldoon, Cooper & Scully, P.C., Dallas, TX, for Relator.

Ben C. Martin, Law Office of Ben C. Martin, Dallas, TX, for Real Party In Interest.

Ruth G. Malinas, Ball & Weed, P.C.,San Antonio, TX, and Roger W. Hughes, Adams & Graham, L.L.P., Harlingen, TX, Jay Harvey, Winckler & Harvey, L.L.P., Austin, TX, Brent M. Rosenthal, Baron & Budd, P.C., Dallas, TX, and Peter M. Kelly, Law Office of Peter M. Kelly, P.C., Houston, TX, for Amicus Curiae.

Justice JOHNSON delivered the opinion of the Court, in which Justice HECHT, Justice WAINWRIGHT, Justice BRISTER, and Justice WILLETT joined.

The Texas Constitution provides that the right of trial by jury "shall remain inviolate." TEX. CONST. art. 1, § 15. The issue before us is whether, after a jury has rendered its verdict, the trial court may disregard that verdict, grant a new trial, and explain its action only as being "in the interests of justice and fairness...

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