Monday, August 27, 2007

Upon suggestion of appeals court, trial court concedes that new trial should be granted

Crystal Sabrina Trujillo and Lee Adcock v. Texas Department of Family and Protective Services, No. 03-06-00390-CV (Tex.App.- Austin, Aug. 24, 2007)(Opinion by Chief Justice Law)(MNT = motion for new trial)(Before Chief Justice Law, Justices Puryear and Pemberton)
Appeal from 146th District Court of Bell County

FROM THE DISTRICT COURT OF BELL COUNTY, 146TH JUDICIAL DISTRICT
NO.
209988-B, HONORABLE RICK MORRIS, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

This Court previously abated this appeal for the trial court to make certain findings, including whether a new trial should be granted. See Tex. R. App. P. Ann. § 263.405(b), (d) (West Supp. 2006). The trial court has found that a new trial is necessary. Accordingly, without regard to the merits, we vacate the trial court judgment and remand for a new trial. See Tex. R. App. P. 43.2.

W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Puryear and Pemberton

Vacated and Remanded

Filed: August 24, 2007

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