TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-12-00729-CV
Meridian Grace, Appellant
v.
Jessica Stapher Thompson and Marc Thompson, Appellees
FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY
NO. C-1-CV-12-004601, HONORABLE ERIC SHEPPERD, JUDGE PRESIDING
SUPPLEMENTAL OPINION
On October 8, 2012, the county court entered judgment against appellant
Meridian Grace, awarding appellees Jessica Stapher Thompson and Marc Thompson $2,850 in
actual damages representing their security deposit, $100 in statutory damages, $8,550 in treble
damages, and $3,500 in attorney’s fees. On July 3, 2014, we issued a memorandum opinion
reversing and remanding that portion of the trial court’s judgment awarding treble damages for
Grace’s withholding of the Thompsons’ security deposit. We also held that the evidence was
insufficient to support the full amount of the awarded security deposit.
In response to our opinion, the Thompsons have informed this Court that they
have filed a remittitur with the clerk of the county court, reducing the court’s award of their
security deposit. In accordance with our prior opinion, we (1) reverse and remand the county
court’s judgment awarding treble damages and remand that portion of the judgment for
further proceedings; (2) reform that portion of the county court’s judgment awarding the
Thompsons $2,350 as a return of their security deposit instead of $2,850 and, as reformed,
affirm the county court’s judgment on that claim; and (3) affirm the county court’s judgment in
all other respects.
_________________________________________
Scott K. Field, Justice
Before Chief Justice Jones, Justices Goodwin and Field
Concurring and Dissenting Opinion by Justice Goodwin
Affirmed in Part; Reformed and, as Reformed, Affirmed in Part; Reversed and Remanded in Part
Filed: August 13, 2014
2