in Re Bobby Deon Davis and York Landscaping, LLC

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00131-CV
IN RE BOBBY DEON DAVIS AND RELATORS
YORK LANDSCAPING, LLC
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ORIGINAL PROCEEDING
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MEMORANDUM OPINION1
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Relators Bobby Deon Davis and York Landscaping seek a writ of
mandamus directing Respondent to vacate her order granting the motion for new
trial filed by Real Parties in Interest Kali Marie Wood and Kari Feris and ordering
a new trial on actual damages. Relators further request that we order
Respondent to reinstate the jury’s verdict. Real Parties in Interest filed a
response. Because we agree with the parties that Respondent’s order granting a
1
See Tex. R. App. P. 47.4.
new trial does not conform with the procedural requirements set forth by the
Texas Supreme Court in Columbia, we will conditionally grant mandamus relief
and direct Respondent to amend the order partially granting a new trial to more
specifically set out the reasons for which she set aside the jury verdict and
granted a new trial as to actual damages. See In re Columbia Med. Ctr. of Las
Colinas, Subsidiary, L.P., 290 S.W.3d 204, 206, 215 (Tex. 2009) (orig.
proceeding) (requiring reasons to “be clearly identified and reasonably specific”
and holding that broad statements such as “in the interest of justice” are not
sufficiently specific); see also In re United Scaffolding, Inc., 377 S.W.3d 685, 686,
690 (Tex. 2012) (orig. proceeding) (same). We deny Relators’ request that we
reinstate the jury’s verdict in this original proceeding. See United Scaffolding,
377 S.W.3d at 690 (denying request for writ of mandamus compelling trial court
to render judgment on the verdict). Because we are confident that Respondent
will comply with this directive, the writ will issue only if Respondent fails to
promptly do so.
/s/ Sue Walker
SUE WALKER
JUSTICE
PANEL: WALKER, MEIER, and GABRIEL, JJ.
DELIVERED: May 20, 2014
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