Easton Rutkoski, Kyle Palmer, Roberto Gonzalez, Epic Era Incorporated, eCosway USA, Inc. Glen Jensen and Jeffrey Aldous v. Evolv Health, LLC, Evolv Health International, LLC, and Evolvhealth Mexico Servicos, S. De R.L. De C v.

Opinion

Affirmed as modified; Opinion Filed March 7, 2019.

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-17-00088-CV

EASTON RUTKOSKI, KYLE PALMER, ROBERTO GONZALEZ, AND EPIC ERA INCORPORATED, Appellants

V.

EVOLV HEALTH, LLC AND EVOLVHEALTH MEXICO SERVICOS, S. DE R.L. DE C.V., Appellees/Cross-Appellants V.

MATT STEFFE AND TRAVIS BOTT, Cross-Appellees.

On Appeal from the 68th Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-13-13499

SUPPLEMENTAL MEMORANDUM OPINION Before Justices Bridges, Evans,1 and Whitehill Opinion by Justice Evans

In our opinion dated March 4, 2019, we suggested remittitur of $1,800,000 of the damages

awarded to Evolv Health, LLC and EvolvHealth Mexico Servicos, S. DE R.L. DE C.V. (together

“Evolv”) against Epic Era Incorporated (“Epic”). We stated that if the remittitur was filed by

Evolv within fifteen days of the date of the opinion, we would modify the trial court’s judgment

to award Evolv damages in the amount of $1,200,000 against Epic, and affirm the trial court’s

judgment as modified.

1 The Honorable David Evans, Justice of the Court of Appeals for the Fifth District of Texas—Dallas, Retired, sitting by assignment.

On March 6, 2019, Evolv filed their consent to the suggestion of remittitur. Accordingly,

we vacate our judgment, but not our opinion, dated March 4, 2019, and modify the trial court’s

judgment to reflect the specified remittitur. The trial court's judgment is modified to award Evolv

Health, LLC and EvolvHealth Mexico Servicos, S. DE R.L. DE C.V., on their claims of tortious

interference with existing contracts, damages of $1,200,000 against Epic Era Incorporated and

prejudgment interest thereon is modified by 1.2/3.0 to award $176,876.71. As modified, we affirm

the trial court’s judgment. This Court’s opinion of March 4, 2019, otherwise remains in effect.

/David Evans/ DAVID EVANS JUSTICE

170088SF.P05

3

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

EASTON RUTKOSKI, KYLE PALMER, On Appeal from the 68th Judicial District ROBERTO GONZALEZ, AND EPIC ERA Court, Dallas County, Texas INCORPORATED, Appellants Trial Court Cause No. DC-13-13499.

Opinion delivered by Justice Evans, No. 05-17-00088-CV V. Justices Bridges and Whitehill participating.

EVOLV HEALTH, LLC AND EVOLVHEALTH MEXICO SERVICOS, S. DE R.L. DE C.V., Appellees/Cross- Appellants V.

MATT STEFFE AND TRAVIS BOTT, Cross-appellees

In accordance with this Court’s supplemental opinion of this date, the judgment of the trial court is MODIFIED to award Evolv Health, LLC and EvolvHealth Mexico Servicos, S. DE R.L. DE C.V., on their claims of tortious interference with existing contracts, damages of $1,200,000 plus prejudgment interest of $176,876.71 against Epic Era Incorporated. We AFFIRM the trial court’s judgment as modified on the claims of tortious interference with existing contracts.

We AFFIRM the trial court’s judgment in all other respects.

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

Judgment entered this 7th day of March, 2019.