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In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-20-00040-CV 

 __________________

KYLE M. JAEGER AND 

JAEGER REO HOLDING TRUST, Appellants

V.

SCOTT BROWN, Appellee

__________________________________________________________________

On Appeal from the 284th District Court 

Montgomery County, Texas 

Trial Cause No. 18-05-06244-CV 

__________________________________________________________________

SUPPLEMENTAL OPINION

On August 4, 2022, we issued our original opinion in this case, 

conditionally affirming the trial court’s judgment and suggesting a 

remittitur, which when combined totals $247,500. See Tex. R. App. P. 

46.3. We further provided that should the appellee, Scott Brown, file a 

remittitur within fifteen days from the date of our opinion and agree to 
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accept the proposed remittitur, we would reform the trial court’s 

judgment, reducing the trial court’s awards of economic and punitive 

damages to the amounts the evidence supported and then affirm the 

judgment as reformed, except for the amount awarded to Brown for 

attorney’s fees. On August 19, 2022, Brown filed a remittitur with the 

Clerk of the Court, in which he stated he would accept the remittitur, as 

suggested by the Court. In the remittitur that Brown filed, he asked the 

Court to affirm the economic and exemplary damages awards as 

reformed. 

Because Brown agreed to the proposed remittitur, we issue this 

supplemental opinion. In accordance with our original opinion and 

Brown’s timely-filed remittitur, the trial court’s judgment is reformed as 

follows. The trial court’s economic and exemplary damages awards are 

reduced by $247,500, which represents a reduction of $83,500 of the 

amount awarded in the original judgment as economic damages and a 

reduction of $165,000 of the amount awarded in the original judgment as 

exemplary damages. Consequently, page two of the trial court’s Final 

Default Judgment, as reformed, states:

It is ORDERED, ADJUDED and DECREED that Scott 

Brown, Plaintiff, shall have as JUDGMENT against Kyle M. 
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Jaeger and the Jaeger Reo Holding Trust, Defendants, the 

following:

Economic Damages in the amount of $409,250.00.

Exemplary Damages in the amount of $818,500.00.

To the extent the judgment awards attorney’s fees to Scott Brown, 

the Court REVERSES the attorney’s fees award, and we REMAND the 

case to the trial court for further proceedings solely on Brown’s claims 

against Kyle M. Jaeger and the Jaeger Reo Holding Trust on the issue of 

attorney’s fees, if any, recoverable under the theories raised by Brown in 

Plaintiff’s Original Petition. And since the appellants did not challenge 

the trial court’s awards of prejudgment or post-judgment interest in their 

appeal from the trial court’s judgment, those awards are affirmed.

Because the appellants were successful in only a small part of their 

appeal, we order costs of the appeal assessed ninety percent (90%) 

against the appellants and ten percent (10%) against the appellee. Based 

on the above, the trial court’s judgment, with the exception of the 

attorney’s fees awarded in the trial court’s judgment, is affirmed as 

reformed. The Court’s original opinion explaining how the Court resolved 

the issues raised in the appeal remains in effect.
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We order the Court’s decision certified below for observance. 

AFFIRMED AS REFORMED IN PART, REVERSED AND 

REMANDED IN PART.

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 HOLLIS HORTON

 Justice

Submitted on September 28, 2021

Opinion Delivered September 8, 2022

Before Kreger, Horton and Johnson, JJ.