Jerry v. Durant Jerry Durant, Inc. D/B/A Durant Toyota and D/B/A Jerry Durant Toyota Jerry Durant Hyundai, LLC Doyle Maynard Robert G. Cote, Sr. Gary Michael Deere Jerry Rash And Elliot \"Scooter\" Michelson v. Andrew Anderson ( 2020 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-14-00283-CV
JERRY V. DURANT; JERRY DURANT, § On Appeal from the 153rd District Court
INC. D/B/A DURANT TOYOTA AND
D/B/A JERRY DURANT TOYOTA; JERRY
DURANT HYUNDAI, LLC; DOYLE § of Tarrant County (153-257626-12)
MAYNARD; ROBERT G. COTE SR.;
GARY MICHAEL DEERE; JERRY RASH;
AND ELLIOT “SCOOTER” MICHELSON, § March 19, 2020
Appellants
V. §
ANDREW ANDERSON, Appellee § Opinion by Justice Gabriel
JUDGMENT ON REMAND
This appeal is on remand from the Texas Supreme Court.
This court has considered the record on appeal in this case and holds that there
was error in part of the trial court’s defamation judgment. We reverse that portion of
the trial court’s judgment finding and apportioning defamation liability against
appellant Doyle Maynard and render a take-nothing judgment in his favor. We affirm
the remainder of the defamation liability judgment. We affirm the awarded and
remanded defamation damages conditioned on our suggestion of a $584,999
remittitur, which includes the settlement credit. If appellee Andrew Anderson timely
files the suggested remittitur with the trial court clerk no later than fifteen days after
this judgment, we will modify the amount of defamation damages and affirm those
damages as modified. Otherwise, we will reverse the trial court’s defamation
judgment for a new trial on appellee Andrew Anderson’s defamation claim against
appellants Jerry V. Durant, Robert G. Cote Sr., Gary Michael Deere, Jerry Rash, and
Elliot “Scooter” Michelson and on those awarded defamation damages that were
supported by legally sufficient evidence.
But after considering the record on appeal regarding appellant Andrew
Anderson’s fraudulent-inducement claim, we find no error in the trial court’s
judgment. Accordingly, we affirm the trial court’s fraudulent-inducement judgment.
The costs in this court are taxed against the party that incurred the cost.
It is further ordered that to the extent the supersedeas bond (which was filed
by appellants Jerry V. Durant; Jerry Durant, Inc. d/b/a Durant Toyota and d/b/a
Jerry Durant Toyota; and Jerry Durant Hyundai, LLC) was effective to supersede the
trial court’s judgment, appellee Andrew Anderson shall have and recover of and from
those specified appellants and their surety, Jerry’s GM, LLC, from their supersedeas
bond, the amounts awarded against those appellants and affirmed by this court. We
additionally render judgment against Jerry’s GM, LLC for the costs taxed against
those three appellants in this court.
SECOND DISTRICT COURT OF APPEALS
By /s/ Lee Gabriel
Justice Lee Gabriel