Tatiana Telegina v. Valadimir Nechayuk

• Court: Court of Appeals of Texas
• Decided: January 9, 2025
• Docket: 09-22-00383-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00383-CV __________________

TATIANA TELEGINA, Appellant

V.

VALADIMIR NECHAYUK, Appellee

__________________________________________________________________

On Appeal from the County Court at Law No. 3 Montgomery County, Texas Trial Cause No. 17-11-14052-CV __________________________________________________________________

SUPPLEMENTAL MEMORANDUM OPINION

On December 12, 2024, we issued our original opinion in this case,

conditionally affirming the trial court’s judgment and suggesting a remittitur, which

when combined totals $145,000. See Tex. R. App. P. 46.3. We further provided that

should the appellee, Valadimir Nechayuk, file a remittitur within fifteen days from

the date of our opinion and agree to accept the proposed remittitur, we would reform

the trial court’s judgment, reducing the trial court’s award of attorney’s fees to the

amounts the evidence supported and then affirm the judgment as reformed. On

1 December 17, 2024, Nechayuk filed a notice of acceptance of remittitur with the

Clerk of the Court, in which he stated he would accept the remittitur, as suggested

by the Court. He asked the Court to affirm the judgment in all other respects.

Because Nechayuk agreed to the proposed remittitur, we issue this

supplemental opinion. In accordance with our original opinion and Nechayuk’s

timely-filed remittitur, the trial court’s judgment is reformed as follows. The trial

court’s award of appellate attorney’s fees are reduced by $145,000, which represents

a reduction to $155,000 of the amount awarded in the original judgment as appellate

attorney’s fees. Consequently, it is ORDERED, ADJUDGED and DECREED that

Valadimir Nechayuk recover the following from Tatiana Telegina:

1. EIGHT HUNDRED SIXTEEN THOUSAND EIGHT HUNDRED

SEVENTY-ONE DOLLARS AND 50/100 ($816,871.50) for attorney fees incurred

in the trial court defending against the divorce suit and related to the mandamus

actions in that suit through judgment. This portion of the judgment shall bear interest

at five percent (5%) per year, compounded annually, from the date the judgment is

signed until the amount is paid in full.

2. SEVENTY-FIVE THOUSAND DOLLARS AND 00/100 ($75,000.00), for

attorney fees to defend in the court of appeals, conditioned on Tatiana Telegina

appealing from this judgment, and the appeal being finally unsuccessful. This

portion of the judgment shall bear interest at five percent (5%) per year, compounded

2 annually, from the date the judgment of the court of appeals is final until the amount

is paid in full.

3. FIFTEEN THOUSAND DOLLARS AND 00/100 ($15,000.00) for

attorney fees to defend at the petition for review stage in the Supreme Court of

Texas, conditioned on Tatiana Telegina filing a petition for review that is denied.

This portion of the judgment shall bear interest at five percent (5%) per year,

compounded annually, from the date the judgment of the Supreme Court of Texas is

final until the amount is paid in full.

4. FIFTY THOUSAND DOLLARS AND 00/100 ($50,000.00) for attorney

fees to defend at the briefing stage in the Supreme Court of Texas, conditioned on

Tatiana Telegina filing a petition for review in the Supreme Court of Texas, briefing

being requested, and the appeal being unsuccessful. This portion of the judgment

shall bear interest at five percent (5%) per year, compounded annually, from the date

the judgment of the Supreme Court of Texas is final until the amount is paid in full.

5. FIFTEEN THOUSAND DOLLARS AND 00/100 ($15,000.00) for

attorney fees to defend at the oral argument stage in the Supreme Court of Texas,

conditioned on oral argument being requested, and the appeal being unsuccessful.

This portion of the judgment shall bear interest at five percent (5%) per year,

compounded annually, from the date the judgment of the Supreme Court of Texas is

3 6. TEN THOUSAND SIX HUNDRED AND FORTY-SEVEN DOLLARS

AND 00/100 ($10,647.00) for costs and expenses incurred to defend against the

divorce suit and related to the mandamus actions in that suit. This portion of the

judgment shall bear interest at five percent (5%) per year, compounded annually,

from the date the judgment is signed until the amount is paid in full.

The Court’s original opinion explaining how the Court resolved the issues

raised in the appeal remains in effect.

We order the Court’s decision certified below for observance.

AFFIRMED AS REFORMED.

W. SCOTT GOLEMON Chief Justice

Submitted on June 24, 2024 Opinion Delivered January 9, 2025

Before Golemon, C.J., Johnson and Chambers, JJ.