David Neal Duncan v. Gary F. PrescottAppeal from 251st District Court of Randall County (memorandum opinion )

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-12-00330-CV DAVID NEAL DUNCAN, APPELLANT V. GARY F. PRESCOTT, APPELLEE On Appeal from the 251st District Court Randall County, Texas Trial Court No. 60,787-C, Honorable Don Emerson, Presiding November 14, 2013 ON CONSENT TO REMITTITUR Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Appellee, Gary F. Prescott, has timely filed with this Court his consent to remittitur as suggested by this Court s order dated October 11, 2013. See Duncan v. Prescott, No. 07-12-00330-CV, 2013 Tex.App. LEXIS 12705, at *16 17 (Tex. App. Amarillo Oct. 11, 2013, order). Pursuant to our order and in accordance with Prescott s consent to the remittitur, we reform the trial court s judgment to reflect that Prescott recover from David Neal Duncan $10,000.00 in exemplary damages along with $1,650.00 in compensatory damages as already recited in the trial court s original judgment. See TEX. R. APP. P. 46.3. We affirm the trial court s judgment as so reformed. See TEX. R. APP. P. 43.2(b). Mackey K. Hancock Justice 2

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