An appellate court has overturned a Los Angeles Superior Court judge's decision to allow the retrial based on Sheridan's allegations that Cherry assaulted her and ABC bosses wrongfully fired her from the show.
The actress was given hope in January (14) when judge Michael Stern reversed his November (13) judgment that the case would be dismissed, but a three-person Court of Appeal panel has insisted his latest decision was invalid.
Sheridan sued Cherry, Abc and Touchstone executives in 2010, alleging that her Housewives character was killed off because she had complained to producers that Cherry struck her on the head during a rehearsal in September, 2008.
Her initial sexual harassment, assault and wrongful termination claims were reduced to wrongful termination and battery before the trial, which was eventually ruled a mistrial in Sheridan's favour.
An appellate court later determined the trial judge should have issued a different verdict and suggested Sheridan re-file under California's labour code. She did, but Stern disallowed the case, ruling that she had filed her claims too late.