From Casetext: Smarter Legal Research

Eoff v. Cent. Mut. Ins. Co.

Court of Appeals Fifth District of Texas at Dallas
Apr 23, 2015
No. 05-14-00035-CV (Tex. App. Apr. 23, 2015)

Opinion

No. 05-14-00035-CV

04-23-2015

DAVID EOFF, Appellant v. CENTRAL MUTUAL INSURANCE COMPANY, Appellee


On Appeal from the 162nd Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-12-09034

SUPPLEMENTAL OPINION

Before Justices Bridges, Fillmore, and Brown
Opinion by Justice Fillmore

In our opinion dated April 7, 2015, we suggested a remittitur of $4,319.25 of the actual damages awarded to Central Mutual Insurance Company (Central Mutual). We stated that if the remittitur was filed by Central Mutual within fifteen days of the date of the opinion, we would modify the trial court's judgment with respect to the damages awarded and affirm as modified.

On April 15, 2015, Central Mutual timely filed its consent to the suggestion of remittitur and asked this Court to modify the trial court's judgment consistent with our opinion and judgment in this matter. Accordingly, we vacate our judgment, but not our opinion, dated April 7, 2015, and modify the trial court's judgment with respect to damages awarded to reflect the remittitur of $4,319.25. The trial court's judgment is modified to award Central Mutual $1,200 in actual damages. See TEX. R. APP. P. 46.3. As modified, we affirm the trial court's judgment. We remand this case to the trial court for a recalculation of prejudgment interest on the awarded damages.

/Robert M. Fillmore/

ROBERT M. FILLMORE

JUSTICE
140035SF.P05

JUDGMENT

On Appeal from the 162nd Judicial District Court, Dallas County, Texas,
Trial Court Cause No. DC-12-09034.
Opinion delivered by Justice Fillmore, Justices Bridges and Brown participating.

We vacate our judgment dated April 7, 2015. In accordance with this Court's opinion of April 7, 2015 and supplemental opinion of April 23, 2015, we MODIFY the trial court's judgment to award appellee Central Mutual Insurance Company actual damages in the amount of $1,200.00.

We REVERSE the trial court's judgment awarding appellee Central Mutual Insurance Company prejudgment interest and REMAND for recalculation of the amount of prejudgment interest.

It is ORDERED that, as modified, the judgment of the trial court is AFFIRMED in all other respects.

It is ORDERED that each party bear its own costs of this appeal.


Summaries of

Eoff v. Cent. Mut. Ins. Co.

Court of Appeals Fifth District of Texas at Dallas
Apr 23, 2015
No. 05-14-00035-CV (Tex. App. Apr. 23, 2015)
Case details for

Eoff v. Cent. Mut. Ins. Co.

Case Details

Full title:DAVID EOFF, Appellant v. CENTRAL MUTUAL INSURANCE COMPANY, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 23, 2015

Citations

No. 05-14-00035-CV (Tex. App. Apr. 23, 2015)