Trailways, Inc. v. Mendoza ( 1988 )

OPINION ON FILING OF REMITTITUR

On December 31, 1987, this Court stated by opinion that if appellee, Juan Hernandez Mendoza, would file a remittitur of $6,668.00 and the prejudgment interest on the sum of $6,668.00 within fifteen days, the judgment of the trial court would be affirmed as modified; otherwise the judgment would be reversed and the cause remanded for new trial. See page 63.

On January 6, 1988, appellee filed a re-mittitur of $6,668.00 and the prejudgment interest on $6,668.00. Appellee’s remittitur cures the reversible error, and the remit-titur is accepted.

Accordingly, the judgment is modified to reflect an award of damages in the amount of $209,102.80 and prejudgment interest on the sum of $79,086.80.

The judgment is affirmed as modified. TEX.R.APP.P. 85.