Courtesy Pontiac, Inc. v. Ragsdale

ON MOTION FOR REHEARING

Appellee by his motion for rehearing asserts that we “gave no reason or basis” for our conclusion in our original opinion that the exemplary damages awarded were unwarranted and excessive. Such conclusion was based upon a consideration of all the facts and circumstances after a careful examination of the entire record according to the guidelines as set out in Carter v. Barclay, 476 S.W.2d 909, 917 (Tex.Civ.App.—Amarillo 1972, n. w. h.) and Southwestern Investment Company v. Neeley, 452 S.W.2d 705 (Tex.1970).

Being of the opinion that we correctly disposed of this appeal by our original decision, we respectfully overrule appellee’s motion for rehearing.

SUPPLEMENTAL OPINION

Appellee, having filed in writing, subject to his motion for rehearing, the remittitur as suggested in our original opinion, and appellee’s motion for rehearing this day having been overruled, it is ordered that the judgment as reduced by the remittitur be affirmed.