Summary
holding that evidence of nonpayment of salary and writing of bad checks did not result in submission of unpled theories of fraud liability, where evidence supported pled fraud claim based on non-payment of loan
Summary of this case from Powell Elec. Sys., Inc. v. Hewlett Packard Co.Opinion
No. 01-08-00985-CV
Opinion issued May 6, 2010.
On Appeal from the 334th District Court, Harris County, Texas, Trial Court Cause No. 2006-41985.
Panel consists of Justices JENNINGS, HANKS, and BLAND.
Justice JENNINGS, concurring in judgment only.
SUPPLEMENTAL MEMORANDUM OPINION
On April 15, 2010, we issued our original memorandum opinion in this case, suggesting a remittitur to $31,800 in exemplary damages 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 $31,800 in exemplary damages and affirm the judgment as modified.
On April 19, 2010, appellee, Karim Matrut, filed a remittitur with the clerk of this court, stating that he accepted this Court's suggested remittitur. 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 $31,800 in exemplary damages and affirm the judgment as modified.
Conclusion
The Court modifies the portion of the trial court's judgment awarding exemplary damages by changing award of exemplary damages in the amount of $75,000 to an award in the amount of $31,800. The Court further holds that there was no reversible error in the remaining portions of the trial court's judgment. Therefore, the Court affirms the trial court's judgment as herein modified.