Texas Real Estate Commission v. Paul Murphy

• Court: Court of Appeals of Texas
• Decided: April 13, 2023
• Docket: 02-22-00199-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-22-00199-CV

TEXAS REAL ESTATE COMMISSION, § On Appeal from County Court at Law No. 2 Appellant § of Tarrant County (2016-000685-2)

V. § April 13, 2023

PAUL MURPHY, Appellee § Memorandum Opinion by Justice Wallach

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was error in part of the trial court’s order. It is ordered that the judgment of the trial

court is affirmed in part and reversed and remanded in part. We reverse that portion

of the trial court’s order directing Appellant Texas Real Estate Commission (TREC)

to pay from the fund the mental anguish damages award, and we modify the order to

reduce the amount ordered to be paid by $20,000. We remand this case to the trial court to recalculate the prejudgment interest. We affirm the trial court’s order in all

other respects.

It is further ordered that each party shall bear their own costs of this appeal, for

which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By _/s/ Mike Wallach___________________ Justice Mike Wallach