Isabel G. Baeza, Individually and D/B/A Baeza's Trucking v. Hector's Tire & Wrecker Service Inc.

Court of Criminal Appeals of Texas·Decided August 7, 2015·No. 08-14-00186-CV·Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ISABEL G. BAEZA, Individually and § d/b/a BAEZA’S TRUCKING, No. 08-14-00186-CV § Appellant, Appeal from the § v. 143rd District Court § of Reeves County, Texas HECTOR’S TIRE & WRECKER § SERVICE, INC., (TC 13-08-20450-CVR)

§ Appellee.

SUPPLEMENTAL OPINION

In our opinion dated July 31, 2015, we suggested a remittitur of $2,615.39 of the actual

damages awarded to Appellee Hector’s Tire & Wrecker Service, Inc. We stated that if the

remittitur were filed by Appellee within fifteen days of the date of the opinion, we would modify

the judgment with respect to the damages awarded and affirm as modified.

On August 5, 2015, Appellee timely filed its consent to the suggestion of remittitur and

asked the 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 July 31, 2015, and

modify the trial court’s judgment with respect to the damages awarded to reflect the remittitur of

$2,615.39. The trial court’s judgment is modified to award Appellee $7,284.86 in actual

damages. See TEX. R. APP. P. 46.3. As modified, we affirm the trial court’s judgment. This

Court’s opinion of July 31, 2015, otherwise remains in effect.

STEVEN L. HUGHES, Justice August 7, 2015

Before McClure, C.J., Rodriguez, and Hughes, JJ.

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Isabel G. Baeza, Individually and D/B/A Baeza's Trucking v. Hector's Tire & Wrecker Service Inc., (Tex. 2015).

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