Eusebio Palacios v. Jayaben Patel

Opinion

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

CONCURRING MEMORANDUM OPINION1

While I do not agree with all that is expressed in the majority’s opinion or

its assessment regarding the existence of a “Casteel situation” in the context of a

trial to the bench, I concur that the trial court erred by rendering judgment against

Palacios for fraud and negligence and by awarding damages in the amount of

1 See Tex. R. App. P. 47.4. $135,000, exemplary damages, and attorney’s fees. I also concur that a new

trial should be granted, but I would decline to suggest a remittitur.

/s/ Bonnie Sudderth

BONNIE SUDDERTH CHIEF JUSTICE

DELIVERED: June 7, 2018