COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-18-00119-CV
Eusebio Palacios § From the 48th District Court
§ of Tarrant County (048-262207-12)
v. § June 7, 2018
§ Opinion by Chief Justice Quinn
Jayaben Patel § Concurrence by Chief Justice Sudderth
JUDGMENT
This court has considered the record on appeal in this case and holds that
there was error in the trial court’s judgment.
In accordance with rule of appellate procedure 46.3, we suggest a
remittitur of $108,366.14. If Appellee Jayaben Patel timely files in this court the
suggested remittitur, we will reform the judgment to reverse the award of
attorney’s fees and exemplary damages; deny recovery of damages upon the
causes of action for trespass to real property, fraud, negligence, trespass to try
title, and suit to quiet title; allow recovery of damages upon the conversion cause
of action and award Patel damages for conversion in the amount of $26,633.86;
award Patel $2,774.36 prejudgment interest; declare Patel to be the true and
sole owner of the realty; and as so reformed, affirm the trial court’s judgment.
If the suggested remittitur is not timely filed, we will modify the judgment to
reverse the award of attorney’s fees and exemplary damages; deny recovery of
damages upon the causes of action for trespass to real property, fraud,
negligence, trespass to try title, and suit to quiet title; declare Patel to be the true
and sole owner of the realty; reverse the $135,000 award of conversion damages
as well as the award of prejudgment interest; and remand the case for a new trial
on the civil conspiracy and conversion causes of action.
It is further ordered that Appellant Eusebio Palacios and Appellee Jayaben
Patel shall split all of the costs of this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Brian Quinn
Chief Justice Brian Quinn
Eusebio Palacios v. Jayaben Patel
Combined Opinion