Opinion
No. 04-15-00766-CV
11-23-2016
STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS, Appellant v. Liliana DIAZ-MOORE, Appellee
MEMORANDUM OPINION
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2015-CI-04661
Honorable Karen H. Pozza, Judge Presiding
SUPPLEMENTAL OPINION ON MOTION FOR REHEARING
Opinion by: Rebeca C. Martinez, Justice Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice MOTION FOR REHEARING DENIED
Appellee Liliana Diaz-Moore has filed a motion for rehearing challenging this court's disposition of the issues raised on appeal and requesting that this court clarify the scope of our remand. The motion for rehearing is denied; however, to the extent necessary given existing Texas Supreme Court precedent defining the scope of a remand in this context, this court's judgment is clarified to limit the scope of the remand to a remand for a new trial on the issue of unliquidated damages. See Holt Atherton Indus., Inc. v. Heine, 835 S.W.2d 80, 86 (Tex. 1992) (noting appropriate disposition when an appellate court sustains a no evidence point after an uncontested hearing on unliquidated damages following a no-answer default judgment is a remand for a new trial on the issue of unliquidated damages); Trenton v. Hammitt, No. 04-10-00316-CV, 2010 WL 5545423, at *3 (Tex. App.—San Antonio Dec. 29, 2010, no pet.) (mem. op.) (same). This court's opinion of October 26, 2016, remains unchanged.
Rebeca C. Martinez, Justice