STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS v. DIAZ-MOORE, 04-15-00766-CV. (2016)
Court: Court of Appeals of Texas
Number: intxco20161123939
Visitors: 2
Filed: Nov. 23, 2016
Latest Update: Nov. 23, 2016
Summary: MEMORANDUM OPINION REBECA C. MARTINEZ , Justice . Appellee Liliana Diaz-Moore has filed a motion for rehearing challenging this court's disposition of the issues raised on appeal and requesting that this court clarify the scope of our remand. The motion for rehearing is denied; however, to the extent necessary given existing Texas Supreme Court precedent defining the scope of a remand in this context, this court's judgment is clarified to limit the scope of the remand to a remand for a new
Summary: MEMORANDUM OPINION REBECA C. MARTINEZ , Justice . Appellee Liliana Diaz-Moore has filed a motion for rehearing challenging this court's disposition of the issues raised on appeal and requesting that this court clarify the scope of our remand. The motion for rehearing is denied; however, to the extent necessary given existing Texas Supreme Court precedent defining the scope of a remand in this context, this court's judgment is clarified to limit the scope of the remand to a remand for a new t..
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MEMORANDUM OPINION
REBECA C. MARTINEZ, Justice.
Appellee Liliana Diaz-Moore has filed a motion for rehearing challenging this court's disposition of the issues raised on appeal and requesting that this court clarify the scope of our remand. The motion for rehearing is denied; however, to the extent necessary given existing Texas Supreme Court precedent defining the scope of a remand in this context, this court's judgment is clarified to limit the scope of the remand to a remand for a new trial on the issue of unliquidated damages. See Holt Atherton Indus., Inc. v. Heine, 835 S.W.2d 80, 86 (Tex. 1992) (noting appropriate disposition when an appellate court sustains a no evidence point after an uncontested hearing on unliquidated damages following a no-answer default judgment is a remand for a new trial on the issue of unliquidated damages); Trenton v. Hammitt, No. 04-10-00316-CV, 2010 WL 5545423, at *3 (Tex. App.-San Antonio Dec. 29, 2010, no pet.) (mem. op.) (same). This court's opinion of October 26, 2016, remains unchanged.
Source: Leagle
