Larry Bos and Mary Bos, Appellants, v. Craig S. Smith, Individually and as Next Friend of M.W.F.S., a Minor, and C.S.S., a Minor and J.E.S., a Minor, and V.A.S., a Minor, Appellees. (2016)

SUPPLEMENTAL OPINION

This Court, in our opinion dated March 10, 2016, suggested a remittitur of $236,000, representing economic damages awarded to appellee Craig S. Smith, individually and as next friend of his minor children M.W.F.S., C.S.S., J.E.S., and V.A.S., pursuant to Smith's claims under chapter 42 of the family code.  We stated that if the remittitur were filed by Smith within fifteen days of the date of the opinion, the error with respect to the family code claims would be cured and we would supplement our opinion to affirm the trial court's family code liability and mental anguish findings in accordance with the remittitur, thereby obviating the need for a new trial.  See Tex.R.App. P. 46.5;  Military Highway Water Supply Corp. v. Morin, 114 S.W.3d 728, 741 (Tex.App.—Corpus Christi 2003), as supplemented (Sept. 11, 2003), rev'd on other grounds, 156 S.W.3d 569 (Tex.2005).

On March 24, 2016, Smith timely filed his 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 March 10, 2016, and modify the trial court's judgment to delete the award of $236,000 in economic damages under the family code.  See Tex.R.App. P. 46.3.  In accordance with our March 10, 2016 opinion, we also reverse those portions of the trial court's judgment finding appellants Larry and Mary Bos liable for defamation and assessing damages in connection therewith, and we render judgment that Smith take nothing by way of his defamation claims, either in his individual capacity or as next friend of J.E.S. and V.A.S. The remainder of the trial court's judgment is affirmed as modified.  This Court's opinion of March 10, 2016, otherwise remains in effect.

Supplemental Opinion by Justice Garza