Eusebio Palacios v. Jayaben Patel ( 2018 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-18-00119-CV
EUSEBIO PALACIOS APPELLANT
V.
JAYABEN PATEL APPELLEE
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FROM THE 48TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 048-262207-12
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SUPPLEMENTAL MEMORANDUM OPINION 1 ON REMITTITUR
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On June 7, 2018, this court issued its opinion and rendered judgment in
this cause. Among other things, we suggested, under Texas Rule of Appellate
Procedure 46.3, that the $135,000 award for damages be remitted by
$108,366.14. See Palacios v. Patel, No. 02-18-00119-CV, 2018 WL 2728441, at
*1, *13 (Tex. App.—Fort Worth June 7, 2018, no pet. h.) (mem. op.). Appellee
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See Tex. R. App. P. 47.4.
Jayaben Patel has accepted the suggestion and “voluntarily offer[ed] to remit
$108,366.14.”
Per the terms of our original judgment should remittitur be accepted, we
now withdraw that judgment and enter judgment modifying the trial court’s
judgment as follows: We 1) reverse the sums awarded for both attorney’s fees
and exemplary damages, 2) deny the recovery of damages upon the causes of
action for trespass to real property, fraud, negligence, trespass to try title, and
suit to quiet title, 3) allow recovery of damages upon the cause of action for
conversion, 4) award “actual and/or economic damages” for said conversion in
the amount of $26,633.86, 5) award $2,774.36 as “prejudgment interest on such
damages measured from November 17, 2012, at the rate of 5% per annum,” and
6) declare Patel to be the true and sole owner of the realty in question. In all
other things, the trial court’s judgment is affirmed.
/s/ Brian Quinn
BRIAN QUINN
CHIEF JUSTICE
PANEL: SUDDERTH, C.J.; PITTMAN, J.; and QUINN, C.J. (Sitting by
Assignment).
DELIVERED: July 12, 2018
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