JPMorgan Chase Bank, N.A. v. Professional Pharmacy II ( 2015 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00373-CV
JPMorgan Chase Bank, N.A. § From the 17th District Court
§ of Tarrant County (17-231360-08)
v.
§ December 31, 2014
Professional Pharmacy II § Opinion by Justice Gardner
JUDGMENT
This court has considered the record on appeal 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 $64,000. If Appellee Professional Pharmacy II
files in this court within twenty days from the date of this opinion, a remittitur of
$64,000, we will reform the judgment to award Appellee Professional Pharmacy
II $99,180.55 (eighty-five percent of $116,683) in actual damages and
$14,677.20 in prejudgment interest1 and, as so reformed, affirm the trial court’s
judgment. If the suggested remittitur is not timely filed, we will reverse the trial
1
$14,677.20 reflects a recalculated award of prejudgment interest on
damages in the amount of $99,180.55 at the rate of five percent simple interest
from July 15, 2008, through June 29, 2011. See Mahon v. Caldwell, Haddad,
Skaggs, Inc., 783 S.W.2d 769, 772 (Tex. Civ. App.—Fort Worth 1990, no writ)
(suggesting proportional reduction in prejudgment interest as part of suggested
remittitur).
court’s judgment and remand Appellee Professional Pharmacy II’s negligence
claim to the trial court for a new trial on both liability and damages.
It is further ordered that each party shall bear their own costs of this
appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By _/s/ Anne Gardner__________
Justice Anne Gardner