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Bits & Pieces

Munoz v. Castillo

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2020 WL 1887807

SEE TX R RAP RULE 47.2 FOR DESIGNATION AND SIGNING OF OPINIONS.
Court of Appeals of Texas, Corpus Christi-Edinburg.
LUIS DE JESUS LARA MUNOZ AND UNIMEX LOGISTICS, L.L.C., Appellants,
v.
RAY CASTILLO, Appellee.
NUMBER 13-18-00451-CV
|
April 14, 2020
On appeal from the 370th District Court of Hidalgo County, Texas.
Before Chief Justice Contreras and Justices Longoria and Hinojosa Supplemental Memorandum Opinion by Chief Justice Contreras

SUPPLEMENTAL MEMORANDUM OPINION
DORI CONTRERAS Chief Justice
*1 A jury awarded over $2.8 million in damages to appellee Ray Castillo in his personal injury suit against appellants Luis de Jesus Lara Munoz and Unimex Logistics, L.L.C. In our memorandum opinion of April 9, 2020, we suggested a remittitur of $283,700, representing damages awarded to appellee for future medical expenses which were supported by factually insufficient evidence. We stated that, if Castillo remits that amount within fifteen days of our judgment, then the trial court’s error will be cured and we will supplement the opinion to affirm the trial court’s judgment as modified, thereby rendering a new trial unnecessary. See TEX. R. APP. P. 46.3, 46.5; Peshak v. Greer, 13 S.W.3d 421, 428 (Tex. App.—Corpus Christi–Edinburg 2000, no pet.).

On April 13, 2020, appellee timely filed his consent to the suggestion of remittitur and asked this Court to modify the trial court’s judgment, consistent with our memorandum opinion. Therefore, we vacate our judgment, but not our memorandum opinion, of April 9, 2020, and we modify the trial court’s judgment to delete the award of $283,700 in damages for future medical expenses which were supported by factually insufficient evidence. See TEX. R. APP. P. 46.3, 46.5. The trial court’s judgment is affirmed as modified herein. See TEX. R. APP. P. 43.2(b). This Court’s memorandum opinion of April 9, 2020, otherwise remains in effect.

Delivered and filed the 14th day of April, 2020.

All Citations
Not Reported in S.W. Rptr., 2020 WL 1887807

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