David Eoff v. Central Mutual Insurance Company

Opinion

MODIFY, AFFIRM, REVERSE and REMAND, and Opinion Filed April 23, 2015.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00035-CV

DAVID EOFF, Appellant V. CENTRAL MUTUAL INSURANCE COMPANY, Appellee

On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-09034

SUPPLEMENTAL OPINION Before Justices Bridges, Fillmore, and Brown Opinion by Justice Fillmore In our opinion dated April 7, 2015, we suggested a remittitur of $4,319.25 of the actual

damages awarded to Central Mutual Insurance Company (Central Mutual). We stated that if the

remittitur was filed by Central Mutual within fifteen days of the date of the opinion, we would

modify the trial court’s judgment with respect to the damages awarded and affirm as modified.

On April 15, 2015, Central Mutual timely filed its consent to the suggestion of remittitur

and asked this Court to modify the trial court’s judgment consistent with our opinion and

judgment in this matter. Accordingly, we vacate our judgment, but not our opinion, dated April

7, 2015, and modify the trial court’s judgment with respect to damages awarded to reflect the

remittitur of $4,319.25. The trial court’s judgment is modified to award Central Mutual $1,200

in actual damages. See TEX. R. APP. P. 46.3. As modified, we affirm the trial court’s judgment. We remand this case to the trial court for a recalculation of prejudgment interest on the awarded

damages.

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

140035SF.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

DAVID EOFF, Appellant On Appeal from the 162nd Judicial District Court, Dallas County, Texas, No. 05-14-00035-CV V. Trial Court Cause No. DC-12-09034. Opinion delivered by Justice Fillmore, CENTRAL MUTUAL INSURANCE Justices Bridges and Brown participating. COMPANY, Appellee

We vacate our judgment dated April 7, 2015. In accordance with this Court’s opinion of April 7, 2015 and supplemental opinion of April 23, 2015, we MODIFY the trial court’s judgment to award appellee Central Mutual Insurance Company actual damages in the amount of $1,200.00.

We REVERSE the trial court’s judgment awarding appellee Central Mutual Insurance Company prejudgment interest and REMAND for recalculation of the amount of prejudgment interest.

It is ORDERED that, as modified, the judgment of the trial court is AFFIRMED in all other respects.

It is ORDERED that each party bear its own costs of this appeal.

Judgment entered this 23rd day of April, 2015.

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