Nicollette Sheridan

AP Photo/Nick Ut

Ex-Desperate Housewives actress Nicollette Sherdian's case just took a couple of new plot twists.

First, her retrial case was reportedly thrown out...except it wasn't, according to her lawyer.

The Hollywood Reporter says a court of appeals called off the former housewife's retrial, ruling the lawsuit Sheridan filed against Touchstone Television for firing her from the ABC hit show should have been resolved already—and in favor of Touchstone.

However, Sheridan's lawyer Mark Baute denies this report in no uncertain terms to E! News.

Sheridan, who filed the case back in March saying she was due $4 million for being wrongfully fired after complaining that creator Marc Cherry hit her, remained in the running when after three weeks the jury failed to reach a verdict (eight of the 12 jurors sided with Sheridan), causing a retrial to be set by Judge Elizabeth Allen White for September 10.

Now, according to THR, Sheridan can take that date off her calendar as the court is now reportedly siding with Touchstone and ABC lawyers by agreeing with their initially ignored argument that California law precludes wrongful termination lawsuits when an actress' contract option is simply not exercised.

So how desperate should Sheridan be feeling now? Well, according to her lawyer, not desperate at all! 

Baute tells E! News: "They [THR] got it wrong. The court wants the trial to go forward so long as the claim is a Labor Code 6310 claim. That is why the order expressly mentions amending the complaint to address that." 

"The order reflects the court of appeals' desire to have the September 10 trial focus on the Labor Code Section 6310 claim. The reference to amendment in the order is designed to ensure that happens and the September 10 trial date remains intact. This will all become clearer as the briefs are filed later this summer."
Well, it's good that something will get clearer.
Baute adds that, "It does not change the trial or the trial date, and the temporary stay is designed to clarify and resolve those issues before the September trial starts. It would be foolish for the media to believe that an order which expressly states that the Labor Code 6310 claim should be added means anything more than that, especially at this point. We will file our briefs and move forward accordingly."

An ABC rep tells E!: "We don't comment on ongoing litigation."

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