White v. Davis
No. 15-0176
Case Summary written by Aaron Powell, Staff Member.
In this two hundred word opinion, the Court vacated the Second Court of Appeals’ judgment in light of Zorrilla v. Aypco Construction II, LLC—a decision handed down by the Court after entry of judgment in the court of appeals decision. See 469 S.W.3d 143 (Tex. 2015). The Court of Appeals had held that the exemplary damages cap in § 41.008(b) of the Civil Practice and Remedies Code was an affirmative defense that must be pleaded, in derogation of Zorrilla.
Under Texas Rule of Appellate Procedure 60.2(f), the Court vacated the court of appeals’ judgment and remanded for further proceedings consistent with new law under Zorrilla.