Opinion
No. 04-12-00837-CV
05-07-2014
DRURY SOUTHWEST, INC., Appellant v. LOUIE LEDEAUX #1, INC., Appellee
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2008-CI-03926
Honorable Janet P. Littlejohn, Judge Presiding
ORDER
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
On October 30, 2013, this court issued an opinion affirming the trial court's judgment awarding actual and punitive damages to appellee Louie Ledeaux #1, Inc. based on fraud committed by appellant Drury Southwest, Inc. Thereafter, appellant Drury Southwest, Inc. filed a motion for rehearing and a motion for reconsideration en banc. In addition, appellee Louie Ledeaux #1, Inc. filed an unopposed motion requesting that we modify our judgment so that it renders judgment against both Drury Southwest, Inc. and the surety on its supersedeas bond, Travelers Casualty and Surety Company of America. See TEX. R. APP. P. 43.5.
The court has considered all the motions filed by the parties. It is ORDERED that the motion for extension of time to file Drury Southwest, Inc.'s motion for rehearing and motion for reconsideration en banc is GRANTED. It is further ORDERED that the motion for rehearing and the motion for reconsideration en banc filed by Drury Southwest, Inc. are DENIED.
In addition, it is ORDERED that Louie Ledeaux #1, Inc.'s unopposed motion to modify our appellate judgment is GRANTED, and an amended judgment will be issued by the court contemporaneously with this order.
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Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of May, 2014.
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Keith E. Hottle
Clerk of Court