Houston Belt & Terminal Railway Co. v. Burmester

Supplemental Opinion on Filing of Remittitur

On November 21, 1957, this Court by its opinion suggested that if appellee, Kurt Burmester, would file in this Court a re-mittitur of $40,000 within thirty days from said date, said judgment would be affirmed; and, it now appearing that on November 25, 1957, said appellee filed such suggested remittitur, and thereafter filed a motion protesting that the judgment of the trial court was not excessive and moving that he be permitted to file a motion for rehearing, asserting that the remittitur should not have been suggested;

Accordingly, as of this date, the judgment of the trial court is reformed by deducting the amount of $40,000 from the judgment recovered by the appellee, Kurt Burmester, and, as so reformed, is affirmed.

One-fourth of the costs of this appeal will be taxed against appellee, Kurt Bur-mester, and three-fourths against the appellants.

Motion for rehearing may be filed by any of the parties within fifteen days after this date.