Troy Hunt and Troy Hunt Homes, Inc. v. Billy Stephens and wife, Kendra Stephens--Appeal from 132nd District Court of Scurry County

11th Court of Appeals

Eastland, Texas

Opinion

Troy Hunt and Troy Hunt Homes, Inc.

Appellants

Vs. No. 11-00-00222-CV B Appeal from Scurry County

Billy Stephens and wife, Kendra Stephens

Appellees

Supplemental Opinion

Billy Stephens and wife, Kendra Stephens, filed a remittitur of $28,273 on October 1, 2002, in compliance with the suggestion of remittitur by this court. Therefore, the trial court=s judgment is reduced by the amount of the remittitur and now reflects that Billy Stephens and wife, Kendra Stephens, recover from Troy Hunt and Troy Hunt Homes, Inc., jointly and severally, a total of $70,702 in damages. Prejudgment and postjudgment interest awarded by the trial court shall be calculated using the $70,702 total damages figure. As modified, that portion of the trial court=s judgment is affirmed. Consistent with our September 12, 2002, opinion and judgment, the portion of the trial court=s judgment awarding treble damages is reversed, and judgment is rendered that the damages are not trebled.

AUSTIN McCLOUD

SENIOR JUSTICE

October 10, 2002

Do not publish. See TEX.R.APP.P. 47.3(b).

Panel consists of: Wright, J., and

McCall, J., and McCloud, S.J.[1]

[1]Austin McCloud, Retired Chief Justice, Court of Appeals, 11th District of Texas at Eastland sitting by assignment.