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Thurston, Owens & Newman, L.L.C. v. Davis

COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS
Mar 31, 2021
NO. 12-19-00384-CV (Tex. App. Mar. 31, 2021)

Opinion

NO. 12-19-00384-CV

03-31-2021

THURSTON, OWENS & NEWMAN, L.L.C., D/B/A SOUTHWEST RESTAURANT & BEVERAGE SOLUTIONS, APPELLANTS/CROSS-APPELLEES, APPELLANTS v. JERRY DAVIS, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HAYDEN DAVIS, KAREN DAVIS, AND SUMMER HERNANDEZ, AS NEXT FRIEND OF G.L.D. AND C.N.D., APPELLEES/CROSS-APPELLANTS, APPELLEES


APPEAL FROM THE COUNTY COURT AT LAW NO. 2 GREGG COUNTY, TEXAS

SUPPLEMENTAL MEMORANDUM OPINION

In our opinion and order issued on March 18, 2021, this Court reversed the portion of the trial court's modified amended judgment awarding damages for future pecuniary loss to Calli Davis in the amount of $1,000,000.00 and to Grace Davis in the amount of $750,000.00 and suggested a remittitur of the jury's award of damages for future pecuniary loss to Calli Davis in the amount of $462,000.00 and to Grace Davis in the amount of $128,000.00, thereby reducing the award for future pecuniary loss for Calli Davis to $538,000.00 and for Grace Davis to $622,000.00.

Before we made this determination, we reversed the trial court's amended judgment insofar as it awarded damages for future pecuniary loss to Calli and Grace and modified it to reinstate, subject to further dispositions, the jury's award for damages for future pecuniary loss to Calli Davis in the amount of $1,000,000.00 and to Grace Davis in the amount of $750,000.00. --------

In our opinion and order, we stated that if Davis filed the remittitur within fifteen days of our opinion, we would modify the judgment and affirm the damages award for future pecuniary loss in accordance with the remittitur, thereby obviating the need for a new trial. See TEX. R. APP. P. 46.3, 46.5.

On March 22, 2021, Davis timely filed his agreed remittitur. Accordingly, we further modify the trial court's amended judgment to reflect that the amount of the award for future pecuniary loss for Calli Davis is $538,000.00 and for Grace Davis is $622,000.00. See TEX. R. APP. P. 46.3, 46.5.

We affirm the trial court's judgment in all other respects. This Court's opinion of March 18, 2021, otherwise remains in effect.

BRIAN HOYLE

Justice Opinion delivered March 31, 2021.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

THURSTON, OWENS & NEWMAN, L.L.C., D/B/A SOUTHWEST RESTAURANT & BEVERAGE SOLUTIONS, APPELLANTS/CROSS-APPELLEES
V.
JERRY DAVIS, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HAYDEN DAVIS, KAREN DAVIS, AND SUMMER HERNANDEZ, AS NEXT FRIEND OF G.L.D. AND C.N.D., APPELLEES/CROSS-APPELLANTS Appeal from the County Court at Law No. 2 of Gregg County, Texas (Tr.Ct.No. 2017-2475-CCL2)

THIS CAUSE came to be heard on the appellate record and the briefs filed herein, and the same being considered, because it is the opinion of this court that the judgment of the court below should be modified and as modified, affirmed.

It is therefore ORDERED, ADJUDGED and DECREED that the judgment of the court below be modified to reflect that the amount of the award for future pecuniary loss for Calli Davis is $538,000.00 and for Grace Davis is $622,000.00; in all other respects the judgment of the trial court is affirmed; and that this decision be certified to the court below for observance.

Brian Hoyle, Justice.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.


Summaries of

Thurston, Owens & Newman, L.L.C. v. Davis

COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS
Mar 31, 2021
NO. 12-19-00384-CV (Tex. App. Mar. 31, 2021)
Case details for

Thurston, Owens & Newman, L.L.C. v. Davis

Case Details

Full title:THURSTON, OWENS & NEWMAN, L.L.C., D/B/A SOUTHWEST RESTAURANT & BEVERAGE…

Court:COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

Date published: Mar 31, 2021

Citations

NO. 12-19-00384-CV (Tex. App. Mar. 31, 2021)