TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
JUDGMENT RENDERED JUNE 4, 2015
NO. 03-11-00420-CV
David Penny, Appellant
v.
El Patio, LLC d/b/a El Patio Motel, Appellee
APPEAL FROM 119TH DISTRICT COURT OF TOM GREEN COUNTY
BEFORE CHIEF JUSTICE ROSE, JUSTICES GOODWIN AND FIELD
AFFIRMED IN PART; REVERSED AND REMANDED IN PART --
OPINION BY CHIEF JUSTICE ROSE
This is an appeal from the judgment signed by the district court on April 8, 2011. Having
reviewed the record and the parties’ arguments, the Court holds that there was reversible error in
the district court’s judgment. Therefore, the Court reverses the district court’s joint and several
award of exemplary damages and remands the issue of exemplary damages to the district court
for its reconsideration. We affirm the remainder of the district court’s judgment. The appellant
shall pay all costs relating to this appeal, both in this Court and the court below.