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IN RE UNITED SCAFFOLDING, INC.

No. 09-0403.

301 S.W.3d 661 (2010)

In re UNITED SCAFFOLDING, INC., Relator.

Supreme Court of Texas.

January 15, 2010.

Attorney(s) appearing for the Case

Kathleen Marie Kennedy, Mehaffy Weber PC, Beaumont, TX, for Relator, United Scaffolding, Inc.

Timothy W. Ferguson, Lauren E. Marshall, Suzanne F. Schaper, Ferguson Firm, Beaumont, TX, for Real Party in Interest, James Levine.

PER CURIAM.

In this original proceeding we consider whether the trial court abused its discretion by disregarding a jury verdict and granting a new trial when the reason it gave for doing so was "in the interest of justice and fairness." Based on our decision in In re Columbia Medical Center of Las Colinas, 290 S.W.3d 204 (Tex.2009), we hold that it did and conditionally grant relief in part.

James and Lisa Levine...

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