Opinion
NO. 03-17-00273-CV
01-12-2018
Daniel J. Caldwell, Appellant v. Jennifer E. Zimmerman, Appellee
FROM COUNTY COURT AT LAW NO. 4 OF WILLIAMSON COUNTY
NO. 17-0078-CC4 , HONORABLE JAMES E. MORGAN, JUDGE PRESIDING SUPPLEMENTAL MEMORANDUM OPINION
After this Court issued its opinion on the merits, Jennifer E. Zimmerman timely filed an amended motion for damages under rule of appellate procedure 45 supported by evidence of her damages in the form of attorney's fees and expenses that she incurred. See Tex. R. App. P. 45. Zimmerman requests attorney's fees and expenses of $10,323.44. In light of Zimmerman's amended motion for damages, we now issue this supplemental opinion, withdraw our judgment rendered on October 26, 2017, and issue a new judgment in its place on this date.
We conclude that evidence that Zimmerman has presented in the form of billing documents supports an award of damages to her for attorney's fees of $9,239.50 and expenses of $1,083.94 for total damages of $10,323.44. Accordingly, we grant Zimmerman's amended motion and order that she recover damages of $10,323.44 from Daniel J. Caldwell for the filing of a frivolous appeal.
/s/_________
David Puryear, Justice Before Justices Puryear, Field, and Bourland Affirmed Filed: January 12, 2018