A legal malpractice case that has already been to trial twice, and in which there was a $20 million judgment, appears headed for a third trial because a Dallas appeals court panel, in a split vote, ruled there was an impermissible jury instruction.

In a 10-page dissent, Justice Cory Carlyle of the Fifth District Court of Appeals raised several objections to his peers findings and argued the offending wording in the jury charge was permissibly incidental and applied to the facts in the case.

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