Keith Hamaker v. Tierrah Newman ( 2022 )


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  •                                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
    

Document Info

Docket Number: 02-19-00405-CV

Filed Date: 3/10/2022

Precedential Status: Precedential

Modified Date: 3/14/2022