The exception provides that: In a specific case, the presiding judge, with the agreement of the parties involved or their attorneys, may increase the daily amount of reimbursement for a person who reports for jury service in that case. Only one exception exists concerning that arrangement. –2– Section 61.001 of the Texas Government Code governs the “reimbursement of expenses of jurors and prospective jurors” and provides that the commissioners court of the county “shall determine the daily amount of reimbursement” to jurors. “A failure by the trial court to apply the law correctly constitutes an abuse of discretion.” In re BP Prods. proceeding) (citing In re Prudential Ins. Applicable Law Mandamus is an extraordinary remedy requiring the relator to show that (1) the trial court has clearly abused its discretion, and (2) there is no adequate appellate remedy. At a hearing on the motion on March 17, 2023, the trial court orally granted the motion and increased the jurors’ expense reimbursement to $250 per day with Taylor “paying 100% of the increase over the normal $40 per day.” On March 28, 2023, the trial court signed a written order to the same effect. On February 6, 2023, Oncor filed its opposition to Taylor’s motion arguing the motion was prohibited by government code section 61.001(d). In the event Oncor opposed the motion, Taylor stated his willingness to pay 100% of the additional cost. On January 19, 2023, Taylor filed a motion to increase juror pay proposing that the parties raise the standard juror pay by agreement and each pay 50% of the additional cost. The case is set for trial on April 3, 2023. Background In the underlying case, Taylor sued Oncor for personal injuries he sustained after coming into contact with high voltage lines. We conditionally grant Oncor’s petition for writ of mandamus. We requested a response from real party in interest Taylor, which was timely filed on March 30, 2023. DC-16-01615 MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Breedlove Opinion by Justice Goldstein Before the Court is relator Oncor Electric Delivery Company, LLC’s March 29, 2023, petition for writ of mandamus wherein relator challenges the trial court’s March 28, 2023, pretrial order granting real party in interest James Stacey Taylor’s motion to increase the expense reimbursement for jurors in this action to $250 per day. 05-23-00298-CV IN RE ONCOR ELECTRIC DELIVERY COMPANY, LLC, Relator Original Proceeding from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. CONDITIONALLY GRANT and Opinion Filed MaS In The Court of Appeals Fifth District of Texas at Dallas No.
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