Reversed and Remanded; =
and Supplemental Opinion filed October =
9,=20
2008.
In The
Fourteenth=20
Court of Appeals
_______________
NO. 14-06-00704-CV
_______________
REPIPE, INC., Appellant
V.
JAMES E. TURPIN,=20
Appellee
&=
nbsp; &n=
bsp; &nb=
sp; &nbs=
p; =
; =
&=
nbsp; &n=
bsp; &nb=
sp; &nbs=
p; =
; =20
On Appeal from the 129th District=20
Court
Harris County, Texas
Trial Court Cause No.=20
2004-30283
&=
nbsp; &n=
bsp; &nb=
sp; &nbs=
p; =
; =
&=
nbsp; &n=
bsp; &nb=
sp; &nbs=
p; =
; =20
S U P P L=20
E M E N T A L O P I N I O N
On July 29, 2008, we =
issued our=20
original opinion in this case, suggesting a remittitur of =
$50,057.73 from=20
the Final Judgment issued by the trial court. We further =
provided=20
that if such remittitur was filed within twenty-one days from the =
date of=20
our opinion, we would modify the trial court=3Ds judgment to reflect =
the award=20
of $244,666.75 in compensatory damages, affirm that portion of the =
judgment as modified, reverse the portion of the judgment awarding =
attorneys=3D fees, and remand the =
case for=20
retrial solely on the issue of attorneys=3D fees. =20
On July 29, 2008, =
appellee=20
filed a remittitur with the clerk of this court, stating that he=20
Adesires to and does =
remit=20
$50,057.73 of that Judgment in order to obviate any need for new =
trial=20
except as to attorneys=3D fees, as suggested =
by the=20
Appellate Court in its Opinion.@ We therefore =
issue this=20
supplemental opinion, and in accordance with our original opinion =
and=20
appellee=3Ds timely-filed =
remittitur, we=20
modify the trial court=3Ds judgment to reflect =
the award=20
of $244,666.75 in compensatory damages (consisting of =
$228,386.70 in=20
compensation as a part-time employee from June 2004 to June 2005, =
and=20
$16,280.05 as the accrued but unpaid 2003 non-financial bonus), =
affirm the=20
award of actual damages as modified, reverse the portion of the =
judgment=20
awarding attorneys=3D fees, and remand the =
case for=20
retrial of that issue. Our original opinion remains =
otherwise in=20
effect.
/s/ Eva=20
M. Guzman
Justice
Judgment rendered and =
Supplemental Opinion filed October 9, 2008.
Panel consists of =
Justice=20
Yates, Guzman, and Boyce.
|