Keith Hamaker v. Tierrah Newman ( 2022 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-19-00405-CV
KEITH HAMAKER, Appellant § On Appeal from County Court at Law No. 2
V. § of Denton County (CV-2017-03255)
§ March 10, 2022
TIERRAH NEWMAN, Appellee § Memorandum Opinion by Justice Walker
JUDGMENT
This court has considered the record on appeal in this case and holds that there
was error in part of the trial court’s judgment. Having held that the breach-of-
contract damages award constituted a double recovery, we order the trial court’s
judgment be modified to delete that award. We affirm the remainder of the awarded
damages conditioned on our suggestion of a remittitur of $4,903.37 on the amount
awarded for Appellant Keith Hamaker’s constructive eviction of Appellee Tierrah
Newman. If Newman timely files the suggested remittitur with this court within 15
days of the date of this judgment, then our subsequent judgment will reform the trial
court’s judgment in accordance with the remittitur and, as reformed, affirm that
judgment.
If no such remittitur is timely filed, we must reverse the trial court’s judgment
and remand the case to the trial court for a new trial on the issues of liability and
damages.
We affirm the remainder of the trial court’s judgment.
It is further ordered that all parties shall bear their own costs of this appeal, for
which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Brian Walker
Justice Brian Walker