File: 051663F - From documents transmitted: 01/04/2006
Writ of Mandamus Denied, Opinion issued January 4, 2006

In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-05-01663-CV
............................
IN RE BAYLOR MEDICAL CENTER AT GARLAND, Relator
.............................................................
Original Proceeding from the 160th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 03-9170-H
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MEMORANDUM OPINION
Before Justices Morris, Richter, and Mazzant
Opinion by Justice Morris

        Relator contends the trial judge abused his discretion in granting a motion for new trial after a jury had found in the relator's favor in a medical malpractice lawsuit. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has failed to show the trial judge clearly abused his discretion. See Tex. R. App. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-44 (Tex. 1992) (orig. proceeding). Accordingly, we DENY relator's petition for writ of mandamus.


                                                          
                                                          JOSEPH B. MORRIS
                                                          JUSTICE


051663F.P05

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File Date[01/04/2006]
File Name[051663F]
File Locator[01/04/2006-051663F]