IN RE COLUMBIA MED. CENTER OF LAS COLINAS

• Decision Date: 12 March 2010
• Docket Number: No. 09-0733.,09-0733.
• Citation: 306 SW 3d 246
• Parties: In re COLUMBIA MEDICAL CENTER OF LAS COLINAS d/b/a Las Colinas Medical Center, Relator.
• Court: Texas Supreme Court

306 S.W.3d 246

In re COLUMBIA MEDICAL CENTER OF LAS COLINAS d/b/a Las Colinas Medical Center, Relator.

No. 09-0733.

Supreme Court of Texas.

March 12, 2010.

R. Brent Cooper, Diana L. Faust, Michelle E. Robberson, Richard Clark Harrist, Cooper & Scully, P.C., Dallas, for Relator.

Melvin H. Wolovits, Melvin H. Wolovits, P.C., Darren Patrick Nicholson, Mark S. Werbner, Sayles/Werbner, P.C., Dallas, for Real Party in Interested.

PER CURIAM.

In this mandamus case, we must decide whether a trial court abused its discretion by refusing to reduce a punitive damages award where such damages were statutorily capped as measured against an economic damages award. We hold that it did. In a previous appeal of this same underlying case, we rendered a judgment that reduced the amount of economic damages awarded. Columbia Med. Ctr. of Las Colinas, Inc. v. Hogue, 271 S.W.3d 238, 257 (Tex.2008). Although our judgment did not also expressly order a reduction of the award of punitive damages, it is what the statute requires. See TEX. CIV. PRAC. & REM.CODE § 41.008(b). Accordingly, we conditionally grant the writ of mandamus.

In the underlying suit, the widow and sons of Robert Hogue, Jr. won a jury verdict on their medical malpractice claims against Columbia Medical Center. The trial court and court of appeals awarded them economic and punitive damages. Id. (capping any punitive damages award at (1) two times any amount of economic damages plus (2) an amount equal to any noneconomic damages not exceeding $750,000). On appeal, we reversed the judgment of the court of appeals in part, vacating a portion of the economic damages award—loss of inheritance damages—for want of legally sufficient evidence, while affirming the rest of the judgment. Columbia Med. Ctr., 271 S.W.3d at 257. Our judgment read in relevant part:

1) The portion of the court of appeals' judgment awarding loss of inheritance damages is reversed and judgment is rendered that the respondents take nothing on that claim;

2) The remaining portions of the court of appeals' judgment are affirmed; and

3) Petitioner shall bear the costs incurred in this Court and in the court of appeals.

After our mandate issued, Columbia attempted to tender payment to the Hogues, subtracting the loss of inheritance damages amount, and reducing the punitive damages amount proportionately. When the Hogues refused this payment, Columbia moved the trial court to enter a modified final judgment that would effectuate our mandate by reducing the economic damages award appropriately, as well as by reducing the punitive damages award to twice the amount of the economic damages award we affirmed, plus interest. The trial court denied the motion after a hearing, leaving intact the court of appeals' punitive damages award, which had been measured against an economic damages award that included loss of inheritance damages. As a result, the amount of punitive damages awarded by the final judgment exceeds the statutory cap.

Columbia petitioned this Court for mandamus relief. We have jurisdiction to issue writs of mandamus to enforce our orders. See Lee v. Downey, 842 S.W.2d 646, 648 (Tex.1992) (observing that a party may seek a writ of mandamus if a trial court fails to issue judgment in accordance with this Court's mandate); Gammel Statesman Publ'g Co. v. Ben C. Jones & Co., 206 S.W. 931, 932-33 (Tex. Comm'n App.1918, holding approved, judgm't adopted) ("This Court's jurisdiction continues until the case is fully determined by the court and its judgment is completely executed by the court below.").

A writ of mandamus will issue when a trial court clearly abuses its discretion and there is no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex.2004). A trial court abuses its discretion when it fails to analyze or apply the law correctly. In re Poly-America, L.P., 262 S.W.3d 337, 346-47 (Tex.2008).

Punitive damages awards that are statutorily capped are required to be recalculated when the actual damages against which they are measured are reduced on appeal. See,...