Ronnie Lee Natho, Sr. v. Rosie May Shelton

Summary

The Texas Court of Appeals partially reformed and affirmed a judgment awarding appellee actual and exemplary damages. The court reversed and rendered the portions awarding attorney’s fees and imposing a constructive trust on appellant’s homestead, and reduced the actual damages award pursuant to appellee’s remittitur.

Holdings

1. Because appellee timely filed the suggested remittitur of $54,199.89, the court reformed the actual-damages award from $87,296.00 to $33,096.11 and affirmed the award as reformed.
2. Appellee was not entitled to attorney's fees, so the district court's attorney's-fees award was reversed and judgment was rendered that appellee take nothing on that claim.
3. Appellee was not entitled to a constructive trust on Natho's homestead, so that portion of the district court's judgment was reversed and judgment was rendered that appellee take nothing on the claim.

Questions Presented

1. What judgment should the appellate court render after appellee timely filed the suggested remittitur of $54,199.89?
2. Whether the district court's awards of attorney's fees and a constructive trust on appellant's homestead should be reversed and rendered for appellee to take nothing.
3. Whether the actual-damages award should be reformed to $33,096.11 after the remittitur.

Disposition

other