in Re Camp Mystic, Inc. and Richard G. Eastland, Realtors

MEMORANDUM OPINION

No. 04-11-00694-CV

IN RE CAMP MYSTIC, INC. and Richard G. EASTLAND Original Mandamus Proceeding 1 PER CURIAM

Sitting: Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Marialyn Barnard, Justice

Delivered and Filed: October 5, 2011

PETITION FOR WRIT OF MANDAMUS DENIED

On September 20, 2011, relator filed a petition for writ of mandamus, asking this court to review the trial court’s August 6, 2011 statement of reasons for granting a partial new trial. Following Columbia, mandamus review is available when a trial court fails to clearly specify the reasons for granting a new trial following a jury verdict. See In re Columbia Med. Ctr. of Las Colinas, 290 S.W.3d 204, 215 (Tex. 2009) (orig. proceeding). However, relator contends that while the trial court complied with Columbia to the extent that it specified the reasons for granting a partial new trial, Columbia supports further review of the merits of the trial court’s reasons. Id. We disagree that Columbia broadens our mandamus review to include a review of the trial court’s reasoning. We read Columbia to only provide mandamus relief when the trial court fails to specify the reasons for granting a new trial, not to provide a merit-based review on mandamus. Id. Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).

PER CURIAM