Houston Belt & Terminal Railway Co. v. Burmester , 309 S.W.2d 271 ( 1957 )

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.