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