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Fitzerman v. Classic Americana, LLC

Court of Appeals Fifth District of Texas at Dallas
Apr 27, 2016
No. 05-15-00528-CV (Tex. App. Apr. 27, 2016)

Opinion

No. 05-15-00528-CV

04-27-2016

LINDA FITZERMAN, Appellant v. CLASSIC AMERICANA, LLC, Appellee


On Appeal from the 68th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-14-12166

SUPPLEMENTAL MEMORANDUM OPINION

Before Justices Francis, Lang-Miers, and Myers
Opinion by Justice Myers

In our opinion dated April 13, 2016, we suggested remittitur of $1,723,057.30 of the actual damages awarded to appellee Classic Americana, LLC. We stated that if the remittitur was filed by appellee within fifteen days of the date of the opinion, we would modify the trial court's judgment to award Classic Americana, LLC actual damages in the amount of $1,257,335.30, and affirm the trial court's judgment as modified.

On April 22, 2016, Classic Americana LLC filed its consent to the suggestion of remittitur. Accordingly, we vacate our judgment, but not our opinion, dated April 13, 2016, and modify the trial court's judgment to reflect the specified remittitur. The trial court's judgment is modified to award Classic Americana, LLC actual damages in the amount of $1,257,335.30. As modified, we affirm the trial court's judgment. This Court's opinion of April 13, 2016, otherwise remains in effect.

/Lana Myers/

LANA MYERS

JUSTICE 150528SF.P05

JUDGMENT

On Appeal from the 68th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-14-12166.
Opinion delivered by Justice Myers; Justices Francis and Lang-Miers, participating.

We vacate our judgment dated April 13, 2016. In accordance with this Court's opinion of April 13, 2016, and supplemental opinion of April 27, 2016, we MODIFY the trial court's judgment to award appellee Classic Americana, LLC actual damages in the amount of $1,257,335.30. It is ORDERED that, as modified, the judgment of the trial court is AFFIRMED.

It is ORDERED that appellee Classic Americana, LLC recover its costs of this appeal from appellant Linda Fitzerman. Judgment entered this 27th day of April, 2016.


Summaries of

Fitzerman v. Classic Americana, LLC

Court of Appeals Fifth District of Texas at Dallas
Apr 27, 2016
No. 05-15-00528-CV (Tex. App. Apr. 27, 2016)
Case details for

Fitzerman v. Classic Americana, LLC

Case Details

Full title:LINDA FITZERMAN, Appellant v. CLASSIC AMERICANA, LLC, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 27, 2016

Citations

No. 05-15-00528-CV (Tex. App. Apr. 27, 2016)

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