Bryan L. Walter v. Donald E. Teller, Jr. and Sonya Dee Jennings ( 2013 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00028-CV
Bryan L. Walter § From the 325th District Court
§ of Tarrant County (325-482523-10)
v.
§ November 7, 2013
Donald E. Teller, Jr. and Sonya Dee
Jennings § Opinion by Justice Meier
JUDGMENT ON REHEARING
Appellant Bryan L. Walter filed a motion for rehearing of our opinion issued
June 27, 2013. We grant the motion in part, withdraw our previous opinion and
judgment of June 27, 2013, and substitute the following.
This court has again considered the record on appeal in this case and
holds that there was error in the trial court’s order. It is ordered that the order of
the trial court is reversed and the case is remanded to the trial court to reconsider
the amount of sanctions to be ordered against Bryan L. Walter, if any, under only
chapter 10 of the civil practice and remedies code. See Tex. R. App. 43.2(d);
Howell v. Tex. Workers’ Comp. Comm’n, 143 S.W.3d 416, 449 (Tex. App.—
Austin 2004, pets. denied) (remanding case for recalculation of sanctions).
It is further ordered that Appellees Donald E. Teller, Jr. and Sonya Dee
Jennings shall pay all costs of this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By _________________________________