Opinion
No. 05-14-01137-CV
01-07-2016
BISHOP ABBEY HOMES, LTD. AND NATHAN HALSEY, Appellants v. BRYON AND PAIGE HALE, Appellees
On Appeal from the 439th Judicial District Court Rockwall County, Texas
Trial Court Cause No. 1-11-1207
SUPPLEMENTAL MEMORANDUM OPINION
Before Justices Lang-Miers, Brown, and Schenck
Opinion by Justice Lang-Miers
In our opinion dated December 16, 2015, we suggested remittiturs of (1) $591,144 in mental anguish damages for Bryon Hale; (2) $591,144 in mental anguish damages for Paige Hale; (3) $653,000 of the additional damages awarded against Bishop Abbey Homes, Ltd.; and (4) $1,309,288 of the exemplary damages awarded against Nathan Halsey. We stated that if the remittiturs were filed by appellees within fifteen days of the date of the opinion, we would modify the trial court's judgment to award the Hales $208,856 in mental anguish damages for each plaintiff, $747,000 in additional damages against Bishop Abbey Homes, Ltd., and $915,712 in punitive damages against Nathan Halsey, and affirm the trial court's judgment as modified.
On December 29, 2015, appellees timely filed their consent to the suggestion of remittiturs. Accordingly, we vacate our judgment, but not our opinion, dated December 16, 2015, and modify the trial court's judgment to reflect the specified remittiturs. The trial court's judgment is modified to award the Hales $208,856 in mental anguish damages for each plaintiff, $747,000 in additional damages against Bishop Abbey Homes, Ltd., and $915,712 in punitive damages against Nathan Halsey. See TEX. R. APP. P. 46.3. As modified, we affirm the trial court's judgment. This Court's opinion of December 16, 2015, otherwise remains in effect.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE 141137SF.P05
JUDGMENT
On Appeal from the 439th Judicial District Court, Rockwall County, Texas
Trial Court Cause No. 1-11-1207.
Opinion delivered by Justice Lang-Miers; Justices Brown and Schenck participating.
We vacate our judgment dated December 16, 2015. In accordance with this Court's opinion of December 16, 2015, and supplemental opinion of January 7, 2016, we MODIFY the trial court's judgment to award (1) mental anguish damages to Bryon Hale of $208,856, (2) mental anguish damages to Paige Hale of $208,856, (3) $747,000 in additional damages against Bishop Abbey Homes, Ltd., and (4) $915,712 in exemplary damages against Nathan Halsey. It is ORDERED that, as modified, the judgment of the trial court is AFFIRMED.
It is ORDERED that appellees Bryon and Paige Hale recover their costs of this appeal from appellant Bishop Abbey Homes, Ltd. and Nathan Halsey. Judgment entered this 7th day of January, 2016.