COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-18-00119-CV
EUSEBIO PALACIOS APPELLANT
V.
JAYABEN PATEL APPELLEE
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FROM THE 48TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 048-262207-12
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CONCURRING MEMORANDUM OPINION1
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While I do not agree with all that is expressed in the majority’s opinion or
its assessment regarding the existence of a “Casteel situation” in the context of a
trial to the bench, I concur that the trial court erred by rendering judgment against
Palacios for fraud and negligence and by awarding damages in the amount of
1
See Tex. R. App. P. 47.4.
$135,000, exemplary damages, and attorney’s fees. I also concur that a new
trial should be granted, but I would decline to suggest a remittitur.
/s/ Bonnie Sudderth
BONNIE SUDDERTH
CHIEF JUSTICE
DELIVERED: June 7, 2018
2