THB Construction, LLC and Travis Michael Boney v. Holt Texas, Ltd. D/B/A Holt Cat ( 2022 )

Affirmed as Reformed and Opinion Filed February 4, 2022 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00020-CV THB CONSTRUCTION, LLC AND TRAVIS MICHAEL BONEY, Appellants V. HOLT TEXAS, LTD. D/B/A HOLT CAT, Appellee On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-08917 SUPPLEMENTAL MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Carlyle Opinion by Justice Partida-Kipness In our opinion dated January 13, 2022, we suggested a remittitur of $67,840.00 of attorney’s fees awarded to the appellee. We stated that if the remittitur was filed by the appellee within fifteen days of the date of the opinion, we would reform the trial court’s judgment with respect to the attorney’s fees award and affirm as reformed. If the appellee did not timely file a remittitur, we would reverse the trial court’s judgment with respect to attorney’s fees and remand the case for a new hearing on the issue of attorney’s fees. On January 26, 2022, the appellee filed its remittitur and asked this Court to reform the trial court’s judgment to reflect the requested remittitur. Accordingly, we vacate our judgment, but not our opinion, dated January 13, 2022, and reform the trial court’s judgment with respect to the attorney’s fees awarded to the appellee to reflect the remittitur of $67,840.00. We affirm the trial court’s judgment as reformed. See TEX. R. APP. P. 46.3. /Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 200020F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT THB CONSTRUCTION, LLC AND On Appeal from the 160th Judicial TRAVIS MICHAEL BONEY, District Court, Dallas County, Texas Appellants Trial Court Cause No. DC-16-08917. Opinion delivered by Justice Partida- No. 05-20-00020-CV V. Kipness. Justices Myers and Carlyle participating. HOLT TEXAS, LTD. D/B/A HOLT CAT, Appellee We VACATE our judgment dated January 13, 2022. In accordance with this Court’s opinion of January 13, 2022, and supplemental opinion of this date, the judgment of the trial court is AFFIRMED as reformed. We REFORM the trial court’s judgment to award appellee attorney’s fees of $67,840.00 and, as reformed, AFFIRM the trial court’s award of attorney’s fees. We AFFIRM the remainder of the trial court’s judgment. It is ORDERED that each party bear its own costs of this appeal. Judgment entered this 4th day of February 2022. –3–