Actress Nicollette Sheridan has been dealt a legal setback, with an appellate court overturning another court’s decision to retry her case against “Desperate Housewives” creator Marc Cherry and ABC/Touchstone, The Hollywood Reporter’s Hollywood, Esq., reports.

“The 2nd District Court of Appeal overturned the decision by a Los Angeles Superior Court judge to retry the case, City News Service reported. In the January ruling to retry, judge Michael Stern reversed his Nov. 5, 2013, judgment that the case would be dismissed without leave to amend or be reconsidered,” the story reports.

The report adds: “That ruling was in error, the appellate court’s three-justice panel found. On Aug. 1, they ordered Stern to vacate his order or show why his decision was valid.”

Attorneys for Sheridan and Touchstone didn’t immediately return requests for comment, the piece notes.

Sheridan first sued Cherry, ABC and Touchstone in 2010, alleging her character on the ABC drama was killed off because she had complained about Cherry allegedly striking her during a rehearsal.

Nicollette Sheridan