law-remittitur-suggested
REMITTITURE
Shipley Brothers, Ltd v. Republic National Bank (Tex.App.- Houston [1st Dist.] Jun. 11, 2009)(Jennings)
(conversion, theft, and fraud, Texas Theft Liability Act, election of remedies doctrine, remittitur of the
exemplary damages)
We suggest a remittitur of the exemplary damages awards in favor of Larson and against Lone Star
and Shipley. If Larson files in this Court, within fifteen days from the date of this opinion, a remittitur
of $57,000 for the exemplary damage award against Lone Star and of $57,000 for the exemplary
damage award against Shipley, we will reform the trial court's judgment and affirm it as reformed.
Otherwise, we reverse the judgment of the trial court and remand for a new trial.
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Before Judge Wilson, Justices Jennings and Bland. Opinion by Justice Terry Jennings
01-07-00911-CV Shipley Brothers, Ltd., Shipley Brothers, Inc., Lone Star Investments, Kenneth Shipley and
Calvin Junek, Jr. v. Republic National Bank and Robert F. Larson
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge: Hon. Roberta A. Lloyd
Concurring and Dissenting Opinion by Justice Bland (subrogation, double recovery, election of remedies)
RePipe, Inc. v. Turpin (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(Suppl. Op. by Guzman)(remittiture,
punitive damages)
REVERSED AND REMANDED: Opinion by Justice Eva Guzman
Before Justices Brock Yates, Guzman and Boyce
14-06-00704-CV RePipe, Inc. v. James E. Turpin
Appeal from 129th District Court of Harris County
Trial Court Judge: Samuel Grant Dorfman