Same case, different en banc perspectives

The Nguyens, owners of a nail salon, sued their landlord for alleged misrepresentations related to lease renewal. They won a judgment in their favor after a jury trial; a Fifth Court panel reversed and rendered judgment for the landlord. The Court granted the Nguyens’ motion for en banc rehearing, which produced these three points of view after oral argument:

1. A majority of justices denied the request for en banc review in a short, one-line order (Justices Bridges, Myers, Whitehill, Schenck, Osborne, Pedersen, Reichek, Carlyle, Evans, and from the original panel, Justice Fillmore).
2. A short concurrence underscored the importance of a judge’s power to set aside a jury verdict when required by law (Justice Schenck, joined by Justices Bridges and Evans) (as all three concurring Justices are named “David,” one could say they viewed the case in “3-D”)
3. Four justices dissented, emphasizing the importance of jury deliberations to the civil justice system (Chief Justice Burns, joined by Justices Molberg, Partida-Kipness, and Nowell).

No. 05-17-00151-CV (Feb. 10, 2020) (My LPCH partner Jason Dennis represented the Nguyens.)