Drury Southwest, Inc. v. Louie Ledeaux 1, Inc.

Fourth Court of Appeals San Antonio, Texas May 7, 2014 No. 04-12-00837-CV DRURY SOUTHWEST, INC., Appellant v. LOUIE LEDEAUX #1, INC., Appellee From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2008-CI-03926 Honorable Janet P. Littlejohn, Judge Presiding ORDER Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice On October 30, 2013, this court issued an opinion affirming the trial court’s judgment awarding actual and punitive damages to appellee Louie Ledeaux #1, Inc. based on fraud committed by appellant Drury Southwest, Inc. Thereafter, appellant Drury Southwest, Inc. filed a motion for rehearing and a motion for reconsideration en banc. In addition, appellee Louie Ledeaux #1, Inc. filed an unopposed motion requesting that we modify our judgment so that it renders judgment against both Drury Southwest, Inc. and the surety on its supersedeas bond, Travelers Casualty and Surety Company of America. See TEX. R. APP. P. 43.5. The court has considered all the motions filed by the parties. It is ORDERED that the motion for extension of time to file Drury Southwest, Inc.’s motion for rehearing and motion for reconsideration en banc is GRANTED. It is further ORDERED that the motion for rehearing and the motion for reconsideration en banc filed by Drury Southwest, Inc. are DENIED. In addition, it is ORDERED that Louie Ledeaux #1, Inc.’s unopposed motion to modify our appellate judgment is GRANTED, and an amended judgment will be issued by the court contemporaneously with this order. _________________________________ Rebeca C. Martinez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of May, 2014. ___________________________________ Keith E. Hottle Clerk of Court