Commercial Credit Corp. v. Patterson

On Motion for Rehearing.

Appellees’ motion for rehearing is granted insofar as they request leave to file a remittitur with respect to the award of exemplary damages.

If appellees file a remittitur of $500 in this Court on or before 10 days from this date our former judgment reversing and remanding this case will be set aside and the judgment will be accordingly reformed and as reformed affirmed, costs of appeal to be adjudged against appellees.

In all other respects the motion is overruled.

Motion overruled in part—granted in part on condition that remittitur be filed.

Supplemental Opinion.

PER CURIAM.

Appellees having filed a remittitur of $500 it is the order of this Court that our *971former judgment reversing and remanding the cause be set aside; the judgment of the trial court is now reformed so as to exclude recovery of $500 for exemplary damages and as reformed the judgment of the trial court is affirmed. Costs of appeal are assessed against appellees.

Former judgment set aside — Judgment reformed and as reformed affirmed.