Legal Opinion · Dissent

Hand & Wrist Center of Houston, P.A. and SCA Houston Hospital for Specialize Surgery, L.P. v. Republic Services, Inc.

Texas Court of Appeals, 14th District (Houston)

Decided April 30, 2013No. 14-12-00089-CVPublished

1DissentSharon McCALLY, Justice

The majority finds that the trial court committed reversible error because it failed to take into account amounts paid prior to trial in calculating the prejudgment interest. I respectfully dissent.

First, factually, this record does not support the conclusion that the trial court did not take those pretrial payments into account. The jury awarded appellants Hand & Wrist and SCA damages in the sum of $1,113.14 and $13,017.45, respectively. The jury heard evidence of the pretrial payments and, thus, took them into account. We cannot and do not know how the jury “took the payments into account”…

2Cases cited5 opinions

  1. Carl J. Battaglia, M.D., P.A. v. AlexanderTexas Supreme Court · 2005
  2. Drury Southwest, Inc. v. Louie Ledeaux 1, Inc., Texas Court of Appeals, 4th District (San Antonio)2011
  3. Aztec Corp. v. Tubular Steel, Inc.Court of Appeals of Texas · 1988
  4. Cressman Tubular Products Corp. v. Kurt Wiseman Oil & Gas, Ltd., Texas Court of Appeals, 14th District (Houston)2010
  5. PHI VAN CAO v. Hardy, Texas Court of Appeals, 14th District (Houston)2011

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