Opinion
No. 05-07-00188-CV
Opinion Filed May 16, 2008.
On Appeal from the County Court at Law No. 1 Dallas County, Texas, Trial Court Cause No. 02-13106-A.
Before Justices O'NEILL, RICHTER, and LANG.
SUPPLEMENTAL OPINION
On April 14, 2008, this Court issued its original opinion in this case, in part suggesting a remittitur to $12,000 with respect to the exemplary damages awarded to appellee Uche Christian. This Court's opinion provided that if such remittitur was filed by appellee within fifteen days of the date of the opinion, the trial court's judgment would be reformed and affirmed with respect to exemplary damages.
On April 28, 2008, appellee filed with the clerk of this Court a "Motion for Remittitur, Motion to Reform and Affirm the Judgment of the Trial Court." In that motion, appellee requested that this Court "grant its motion for remittitur and reform and affirm the judgment of the lower court consistent to the court of appeal [sic] ruling dated 4/14/2008." We construe appellee's motion to constitute a timely filing of the suggested remittitur. Therefore, we issue this supplemental opinion. In accordance with our original opinion of April 14, 2008 and appellee's timely remittitur, the portion of the trial court's judgment awarding appellee $200,000 in exemplary damages is reformed to award appellee $12,000 in exemplary damages. See Tex. R. App. P. 46.3. Further, the portion of the trial court's judgment relating to exemplary damages is affirmed as reformed. See id. This Court's original opinion remains otherwise in effect.