David Eoff, Appellant v. Central Mutual Insurance Company, Appellee (2015)

Court of Appeals of Texas, Dallas.

David Eoff, Appellant v. Central Mutual Insurance Company, Appellee

No. 05–14–00035–CV

Decided: April 23, 2015

Before Justices Bridges, Fillmore, and Brown

SUPPLEMENTAL OPINION

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.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.

Opinion by Justice Fillmore

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