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The state Court of Appeal has put a hold on plans for a September retrial of actress Nicollette Sheridan’s wrongful termination claim against Touchstone Television.

But Sheridan’s attorney Mark Baute noted on Saturday that the order by the appellate court also recognized that Sheridan could amend her claim to include a state labor code violation, and that it could continue to be tried starting on Sept. 10. He also said that they would issue a new brief in her wrongful termination claim to address the appellate order.

Sheridan sued Touchstone after her character was killed off from the series. She claimed that it was in retaliation for an incident in which series creator Marc Cherry struck her on the head during a conversation about the script. Cherry says that he was giving her direction for a scene.

In March, a jury deadlocked 8-4 in Sheridan’s favor.

Los Angeles Superior Court Judge Elizabeth Allen White rejected Touchstone’s motion for her to issue a directed verdict in their favor, on the grounds that a wrongful termination claim cannot be pursued when a contract option was not exercised.

The appellate court apparently agreed, and set a hearing for Aug. 9.An attorney for Touchstone Television could not immediately be reached.