Full Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN ON REHEARING NO. 03-25-00505-CV The Seely Group, LLC; Dallas Seely; and Amy Seely, Appellants v. David James Martin a/k/a David James, Appellee FROM THE 200TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-23-001265, THE HONORABLE MAYA GUERRA GAMBLE, JUDGE PRESIDING SUPPLEMENTAL MEMORANDUM OPINION On July 10, 2026, we issued our opinion and judgment in this case. We suggested a remittitur of $18,329.09, the difference between the amount the trial court awarded, $20,714.17, and the amount supported by sufficient evidence, $2,385.08. See Tex. R. App. P. 46.3 (providing that “court of appeals may suggest a remittitur”). We reformed this portion of the trial court’s judgment conditioned on appellee David James Martin filing this remittitur within 30 days of the date of the opinion. See id. (“If the remittitur is timely filed, the court must reform and affirm the trial court’s judgment in accordance with the remittitur. If the remittitur is not timely filed, the court must reverse the trial court’s judgment.”). Martin has not filed a remittitur. Thus, on this Court’s own motion, as we stated in the opinion, we must reverse this portion of the judgment and remand the cause to the trial court for a new trial. See id. (“If the remittitur is not timely filed, the court must reverse the trial court’s judgment.”). Because an appellate court “may not order a separate trial solely on unliquidated damages if liability is contested,” id. R. 44.1(b), and because the Seely Group has contested liability, we remand the issues of liability and damages, see Minnesota Min. & Mfg. Co. v. Nishika Ltd., 953 S.W.2d 733, 740 (Tex. 1997). E.g., Golden Corral Corp. v. Noble Austin Apartments L.L.C., No. 03-19-00463-CV, 2021 WL 2878565, at *11 n.15 (Tex. App.—Austin July 9, 2021, no pet.) (mem. op.). We withdraw our judgment of July 10, 2026, and issue a new one in its stead. __________________________________________ Rosa Lopez Theofanis, Justice Before Justices Triana, Kelly, and Theofanis Reversed and Rendered in Part; Reversed and Remanded in Part Filed: September 3, 2026 2