Congratulations to Tammy Holt, who–on a motion for rehearing–convinced a panel of the Dallas Court of Appeals to reverse itself and award Plaintiffs the total damages ($1,070,050) awarded by jury, rather than a drastically reduced amount ($200,000) based on the amount originally pled. Rejecting its original position that the Plaintiffs’ attempt to amend its petition to be consistent with the jury’s verdict was an impermissible attempt to amend the pleadings “post-judgment,” the court of appeals adopted “the more reasonable view” that, because Plaintiffs sought leave to amend their petition before the Amended Final Judgment was signed, the amended pleading was timely. You can read Tammy’s motion here, and the court of appeals opinion here.
