Ray Fischer and Corporate Tax Management, Inc. N/K/A RY Fischer & Associates, Inc. v. Mark Boozer, Jerrod Raymond, and CTMI, LLC ( 2021 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-19-00320-CV
RAY FISCHER AND CORPORATE TAX § On Appeal from the 48th District
MANAGEMENT, INC. N/K/A RY Court
FISCHER & ASSOCIATES, INC., §
Appellants of Tarrant County (048-284212-16)
§
V. December 16, 2021
§
MARK BOOZER, JERROD RAYMOND, Memorandum Opinion by Justice
AND CTMI, LLC, Appellees Womack
JUDGMENT ON REHEARING
After considering Appellants’ motion for rehearing, the response, and reply, we
grant the motion for rehearing in part, withdraw our October 7, 2021 opinion and
judgment, and substitute the following.
This court has considered the record on appeal in this case and holds that there
was error in the trial court’s final judgment. It is ordered that the trial court’s final
judgment is reversed and we render the following:
1. Appellant Ray Fischer shall recover from Appellees $990,175.66.
2. Appellants shall recover from Appellees $450,000 for Appellants’ reasonable
and necessary attorney’s fees for work done at the trial court level.
3. Appellants shall recover from Appellees $60,000 for Appellants’ reasonable
and necessary attorney’s fees for work done at the court of appeals level.
4. If Appellants prevail in an appeal of this court’s judgment to the Texas
Supreme Court, they shall additionally recover from Appellees $10,000 for Appellants’
reasonable and necessary attorney’s fees if the case is resolved on a petition for
review. And in the event the petition for review is granted by the Texas Supreme
Court and Appellants ultimately prevail, Appellants shall recover from Appellees both
the $10,000 and an additional $30,000 for Appellants’ reasonable and necessary
attorney’s fees.
The case is remanded to the trial court for further proceedings to determine
Appellants’ entitlement to pre-judgment interest and to calculate the amount of pre-
judgment interest to be awarded, if any, and for determination of post-judgment
interest.
It is further ordered that Appellees shall pay all costs of this appeal, for which
let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Dana Womack
Justice Dana Womack