Luis De Jesus Lara Munoz and Unimex Logistics, L.L.C. v. Ray Castillo

NUMBER 13-18-00451-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
LUIS DE JESUS LARA MUNOZ AND
UNIMEX LOGISTICS, L.L.C., Appellants,
v.
RAY CASTILLO, Appellee.
On appeal from the 370th District Court
of Hidalgo County, Texas.
SUPPLEMENTAL MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Hinojosa
Supplemental Memorandum Opinion by Chief Justice Contreras
A jury awarded over $2.8 million in damages to appellee Ray Castillo in his
personal injury suit against appellants Luis de Jesus Lara Munoz and Unimex Logistics,
L.L.C. In our memorandum opinion of April 9, 2020, we suggested a remittitur of
$283,700, representing damages awarded to appellee for future medical expenses which
were supported by factually insufficient evidence. We stated that, if Castillo remits that
amount within fifteen days of our judgment, then the trial court’s error will be cured and
we will supplement the opinion to affirm the trial court’s judgment as modified, thereby
rendering a new trial unnecessary. See TEX. R. APP. P. 46.3, 46.5; Peshak v. Greer, 13
S.W.3d 421, 428 (Tex. App.—Corpus Christi–Edinburg 2000, no pet.).
On April 13, 2020, appellee timely filed his consent to the suggestion of remittitur
and asked this Court to modify the trial court’s judgment, consistent with our
memorandum opinion. Therefore, we vacate our judgment, but not our memorandum
opinion, of April 9, 2020, and we modify the trial court’s judgment to delete the award of
$283,700 in damages for future medical expenses which were supported by factually
insufficient evidence. See TEX. R. APP. P. 46.3, 46.5. The trial court’s judgment is affirmed
as modified herein. See TEX. R. APP. P. 43.2(b). This Court’s memorandum opinion of
April 9, 2020, otherwise remains in effect.
DORI CONTRERAS
Chief Justice
Delivered and filed the
14th day of April, 2020.
2