Issue: What conditions must be met in order for a trial court to grant a new trial and set aside a judgment under Texas law.
| Area of Law: | Litigation & Procedure |
| Keywords: | New trial; Set aside a judgment |
| Jurisdiction: | Texas |
| Cited Cases: | 244 S.W.2d 660; 762 S.W.2d 898; 761 S.W.2d 816 |
| Cited Statutes: | Tex. R. Civ. P. 320; Tex. R. Civ. P. 324(b)(2), (3). |
| Date: | 06/01/2001 |
Tex. R. Civ. P. 320 authorizes a Court to grant a new trial and set aside a judgment for good cause upon motion. The trial court has broad discretion to grant the motion. Champion Int’l Corp. v. Twelfth Court of Appeals, 762 S.W.2d 898, 899 (Tex. 1988). Fluty v. Simmons Co., 835 S.W.2d 664, 666 (Tex. App.–Dallas 1992, no writ).
When the evidence is factually insufficient to sustain the jury’s findings "it is the duty of the court to set aside the verdict of a jury and grant a new trial." Leatherwood v. Roberts, 320 S.W.2d 381, 382 (Tex. Civ. App.–Waco 1959, no writ). A claim that the evidence is "factually insufficient" to support a finding of fact can mean either that "the evidence supporting the finding is so weak or the evidence to the contrary is so overwhelming that the finding should be set aside and a new trial ordered." Fort Worth v. Gene Hill Equip. Co., 761 S.W.2d 816, 820 (Tex. App.–Ft. Worth, 1988, no writ). See Robert W. Calvert, "No Evidence" and "Insufficient Evidence" Point of Error, 38 Tex. L. Rev. 359, 366 (1960). Each type of factual insufficiency may be the basis for a new trial. See Tex. R. Civ. P. 324(b)(2), (3). A new trial may be granted on these bases even though there is "some evidence of probative force" to support the verdict. In re King’s Estate, 150 Tex. 662, 664-65, 244 S.W.2d […]