TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-11-00661-CV
Ronnie Lee Natho, Sr., Appellant
v.
Rosie May Shelton, Appellee
FROM THE DISTRICT COURT OF LLANO COUNTY, 424TH JUDICIAL DISTRICT
NO. 16226, HONORABLE DANIEL H. MILLS, JUDGE PRESIDING
SUPPLEMENTAL OPINION
On September 8, 2011, the district court entered judgment against appellant, awarding
appellee $87,296.00 in actual damages, $20,000 in exemplary damages, and $35,000 in attorney’s
fees. On May 30, 2014, we issued a memorandum opinion reversing and rendering judgment
that appellee is not entitled to attorney’s fees or a constructive trust on Natho’s homestead and
holding that the evidence was insufficient to support the full amount of actual damages awarded.
We therefore suggested a remittitur in the amount of $54,199.89 and informed the parties that if
appellee timely filed a remittitur in that amount with the district court, we would reform the portion
of the trial court’s judgment awarding actual damages and accordingly affirm that portion of the
judgment, as reformed, and affirm the judgment in all other respects except those on which we
reversed and rendered judgment.
Appellee has informed this Court that it has filed a remittitur of $54,199.89 with
the clerk of the district court. Accordingly, we (1) reverse the district court’s judgment awarding
appellee attorney’s fees and a constructive trust on Natho’s homestead and render that appellee take
nothing on those claims; (2) reform the actual damages portion of the judgment of the district court
to award appellee $33,096.11 in actual damages instead of the original $87,296.00 awarded and,
as so reformed, affirm its judgment on that claim; and (3) affirm the district court’s judgment in all
other respects.
__________________________________________
David Puryear, Justice
Before Justices Puryear, Pemberton, and Rose
Affirmed in part; Reformed in part and, as Reformed, Affirmed; Reversed and Rendered in part
Filed: July 2, 2014
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