O'Neill Dissent in
In Re Baylor Medical Center at Garland, No. 06-0491 (Tex. Jul 3, 2009) (mandamus granted)
(Johnson) (trial judge granted new trial and then resigned, mandamus abatement, current judge ordered to
provide specific reason(s) for granting new trial after jury verdict for defense)
For the reasons expressed today in my dissenting opinion in In re Columbia Medical
Center of Las Colinas, Cause No. 06-0416, I respectfully dissent.
IN RE BAYLOR MEDICAL CENTER AT GARLAND; from Dallas County;
5th district (05-05-01663-CV, ___ SW3d ___, 01-04-06 Opinion of the Dallas Court below)
as reinstated, stay order issued August 29, 2008, lifted
The Court conditionally grants in part and denies in part the petition for writ of mandamus.
Justice Johnson delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice
Brister, and Justice Willett joined.
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Medina, and Justice
Green joined. [pdf]
View Electronic Briefs in Tex. 2009 No. 06-0491 IN RE BAYLOR MED. CTR. AT GARLAND
IN THE SUPREME COURT OF TEXAS
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No. 06-0491
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In re Baylor Medical Center at Garland, Relator
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On Petition for Writ of Mandamus
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Argued September 27, 2007
Justice O’Neill, joined by Chief Justice Jefferson, Justice Medina, and Justice Green, dissenting.
For the reasons expressed today in my dissenting opinion in In re Columbia Medical Center of Las
Colinas, Cause No. 06-0416, I respectfully dissent.
___________________________________
Harriet O’Neill
Justice
OPINION DELIVERED: July 3, 2009