Opinion
No. 14-06-00704-CV
Opinion filed October 7, 2008.
On Appeal from the 129th District Court, Harris County, Texas, Trial Court Cause No. 2004-30283.
Panel consists of Justice YATES, GUZMAN, and BOYCE.
SUPPLEMENTAL OPINION
On July 29, 2008, we issued our original opinion in this case, suggesting a remittitur of $50,057.73 from the Final Judgment issued by the trial court. We further provided that if such remittitur was filed within twenty-one days from the date of our opinion, we would modify the trial court's judgment to reflect the award of $244,666.75 in compensatory damages, affirm that portion of the judgment as modified, reverse the portion of the judgment awarding attorneys' fees, and remand the case for retrial solely on the issue of attorneys' fees.
On July 29, 2008, appellee filed a remittitur with the clerk of this court, stating that he "desires to and does remit $50,057.73 of that Judgment in order to obviate any need for new trial except as to attorneys' fees, as suggested by the Appellate Court in its Opinion." We therefore issue this supplemental opinion, and in accordance with our original opinion and appellee's timely-filed remittitur, we modify the trial court's judgment to reflect the award of $244,666.75 in compensatory damages (consisting of $228,386.70 in compensation as a part-time employee from June 2004 to June 2005, and $16,280.05 as the accrued but unpaid 2003 non-financial bonus), affirm the award of actual damages as modified, reverse the portion of the judgment awarding attorneys' fees, and remand the case for retrial of that issue. Our original opinion remains otherwise in effect.