JSC NIZHNEDNEPROVSKY TUBE ROLLING PLANT NIZHNEDNEPROBSKY TRUBNY ZAVOD INTERPIPE NTRP NTRP SEPCO TUBULARS INC NORTH AMERICA INTERPIPE INC SEPCO SA INTERPIPE EUROPE SA AND PADRE TUBULARS INC v. UNITED RESOURCES LP AUBRIS RESOURCES LP (2017)

SUPPLEMENTAL MEMORANDUM OPINION

In our memorandum opinion dated December 21, 2016, this Court found that the trial court's award of both breach of contract and products liability damages constituted an improper double recovery. We reversed the trial court's judgment and remanded for entry of a new final judgment with directions to instruct appellee United Resources, LP n/k/a Aubris Resources, LP (“UR”), to elect its preferred form of recovery.

UR has since filed a motion for rehearing along with a conditional voluntary remittitur of the products liability damages and its attendant award of exemplary damages against appellants JSC Nizhnedneprovsky Tube Rolling Plant a/k/a Nizhnedneprobsky Trubny Zavod a/k/a Interpipe NTRP a/k/a NTRP (“NTRP”), Sepco Tubulars, Inc. n/k/a North America Interpipe, Inc. (“Sepco”), and Sepco SA n/k/a Interpipe Europe SA (“Sepco SA”). See TEX. R. APP. P. 46.5.

We deny the motion for rehearing. However, because UR's conditional voluntary remittitur was timely filed and cures the reversible error, we accept the remittitur. See id. Accordingly, we vacate our judgment, but not our memorandum opinion, of December 21, 2016; modify the trial court's judgment to delete the award of $1.3 million in products liability damages and $350,000 in exemplary damages, along with any corresponding pre- or post-judgment interest; and affirm the trial court's judgment as modified. See TEX. R. APP. P. 43.2(b). This Court's memorandum opinion of December 21, 2016 otherwise remains in effect.

DORI CONTRERAS Justice