Osman Mustafa, D/B/A Sam's General Trading, Inc. and Shell Rabbit Lube and Shell Rapid Lube v. Karim Matrut

Opinion

Opinion issued May 6, 2010                                      

In The

Court of Appeals

For The

First District of Texas

NO. 01-08-00985-CV

Osman Mustafa, d/b/a Sam’s General Trading, Inc. and Shell Rabbit Lube and Shell Rapid Lube, Appellant

V.

Karim Matrut, Appellee

On Appeal from the 334th District Court

 Harris County, Texas

Trial Court Cause No. 2006-41985

SUPPLEMENTAL MEMORANDUM OPINION

          On April 15, 2010, we issued our original memorandum opinion in this case, suggesting a remittitur to $31,800 in exemplary damages from the Final Judgment issued by the trial court.  We further provided that if such remittitur was filed within twenty-one days from the date of our opinion, we would modify the trial court's judgment to reflect the award of $31,800 in exemplary damages and affirm the judgment as modified.

          On April 19, 2010, appellee, Karim Matrut, filed a remittitur with the clerk of this court, stating that he accepted this Court’s suggested remittitur.  We therefore issue this supplemental opinion, and in accordance with our original opinion and appellee’s timely-filed remittitur, we modify the trial court's judgment to reflect the award of $31,800 in exemplary damages and affirm the judgment as modified.

Conclusion

          The Court modifies the portion of the trial court’s judgment awarding exemplary damages by changing award of exemplary damages in the amount of $75,000 to an award in the amount of $31,800.  The Court further holds that there was no reversible error in the remaining portions of the trial court’s judgment. Therefore, the Court affirms the trial court’s judgment as herein modified.

                                                          George C. Hanks, Jr.                                                                                           Justice

Panel consists of Justices Jennings, Hanks, and Bland.

Justice Jennings, concurring in judgment only.