Opinion
NO. 02-18-00119-CV
06-07-2018
EUSEBIO PALACIOS APPELLANT v. JAYABEN PATEL APPELLEE
FROM THE 48TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 048-262207-12 CONCURRING MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
While I do not agree with all that is expressed in the majority's opinion or its assessment regarding the existence of a "Casteel situation" in the context of a trial to the bench, I concur that the trial court erred by rendering judgment against Palacios for fraud and negligence and by awarding damages in the amount of $135,000, exemplary damages, and attorney's fees. I also concur that a new trial should be granted, but I would decline to suggest a remittitur.
/s/ Bonnie Sudderth
BONNIE SUDDERTH
CHIEF JUSTICE DELIVERED: June 7, 2018