ON MOTION FOR REHEARING
Appellants, subsequent to filing their original Motion for Rehearing, have filed an Amended Motion for Rehearing in which they allege that this Court erred in taxing the entire costs of appeal against them. Simultaneously therewith the appellants aso filed a motion to re-tax the costs. This Court by its written opinion this day delivered and filed disposing of the last mentioned motion has re-adjusted the costs. After careful consideration, we think that the original opinion and judgment of this Court in all other respects are correct and appellants’ Motion for Rehearing and Amended Motion for Rehearing are overruled.
ON MOTION TO RETAX COSTS
The appellees in the trial court recovered a judgment against the appellants in the total sum of $126,500.00. This court in a written opinion delivered and filed on October 6, 1966, found the verdict and judgment to be excessive in the sum of $11,400.00 and suggested that if appellees would file a remittitur in the amount of $11,400.00 within ten days, the judgment of the trial court would be reformed and, as reformed, affirmed. Appellees filed in writing the suggested remittitur on October 13, 1966. The judgment of the trial court, by supplemental opinion of this court delivered and filed on October 20, 1966, was reformed in conformity with such remit-*728titur and, as so reformed, was affirmed. The judgment in this case taxed all the costs against the appellants.
The appellants on October 21, 1966, filed in this court its motion to re-tax costs.
As grounds therefor, appellants in their motion make the following statement:
“In the trial of this cause, the jury awarded the Appellee, A. G. Ellis, $24,-000.00 as damages sustained by him for the loss of the services of the minor Plaintiff, Harold Ellis, and for future medical expenses to be incurred by A. G. Ellis on behalf of the minor Plaintiff from the date of the trial to Harold Ellis’ 21st birthday. In their Motion for New Trial, Appellants challenged this finding as having no support in the evidence. The trial court, which had the power to order a remittitur, overruled this contention. On appeal, Appellees virtually conceded the validity of Appellants’ challenge to the above finding. Appellees, however, did not tender a remittitur in the trial court to cure the error raised by Appellants in their Motion for New Trial. For this reason, Appellants were required to prosecute this appeal to secure the relief to which they were entitled and, it is submitted that these facts constitute ‘good cause’ for this Court, under the authority given in Rule 448, T.R.C.P., to tax at least half, or some equitable portion, of the costs of this appeal against the Appellee, A. G. Ellis.”
In view of appellants’ 79 assignments of error lodged against the judgment of the trial court, we think it is apparent that the five assignments of error upon which the remittitur was ordered were not the sole cause for this appeal. However, in view of the fact that appellants have obtained certain relief by prosecuting this appeal, and considering the relation of the amount deducted from the judgment to the amount permitted by us to stand, under the discretion given us by Rule 448, T.R.C.P., NINE PER CENT (9%) of the costs of this appeal will be taxed against A. G. Ellis and NINETY-ONE PER CENT (91%) against the appellants. It is so ordered. Bridwell v. Bernard, 159 S.W.2d 981, (Tex.Civ.App.) 1942, writ ref., w. o. m.; De Leon v. Aldrete, 398 S.W.2d 160, (Tex.Civ.App.) 1965, writ ref., n. r. e.; Wichita Nat. Bank v. United States Fidelity & Guaranty Co., 147 S.W.2d 295, (Tex.Civ.App.) 1941, n. w. h.; Pendery v. Panhandle Refining Co., 169 S.W.2d 766, 780, (Tex.Civ.App.) 1943, writ ref., w. o. m.