Opinion

Texas State Board of Barber Examiners and Jo King McCrorey v. Patricia Felix

Court
Texas Court of Appeals, 3rd District (Austin)
Filed
May 26, 1993
Status
Published
Cited by
0 cases

The opinion

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN

ON MOTION FOR REHEARING

NO. 3-92-085-CV

TEXAS STATE BOARD OF BARBER EXAMINERS AND JO KING McCROREY,

APPELLANTS

vs.

PATRICIA FELIX,

APPELLEE

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT

NO. 91-2803, HONORABLE PAUL R. DAVIS, JR., JUDGE PRESIDING

PER CURIAM

On motion for rehearing, McCrorey argues in point of error four that we erred in

overruling her original point of error seven and, thus, in affirming the district court's judgment

holding McCrorey jointly and severally liable with the Board. On further reflection, we agree.

Even though McCrorey has effectively conceded that the jury finding to question five, if supported

by the evidence, would establish McCrorey's bad faith or absence of good faith, question five is

nonetheless fatally flawed as it asked only about the Board's state of mind, not McCrorey's. Point

of error four on rehearing is sustained; points of error one, two, and three on rehearing are

overruled.

We grant the motion for rehearing in part as to point of error four and overrule the

motion for rehearing in part as to points of error one, two, and three. This Court's judgment of

April 7, 1993, is withdrawn. The portion of the judgment of the district court that awards Patricia

Felix recovery from Jo King McCrorey is reversed and judgment is rendered that Patricia Felix

take nothing as to her claims against Jo King McCrorey. The remainder of the judgment of the

district court is affirmed.

[Before Chief Justice Carroll, Justices Aboussie and B. A. Smith]

Affirmed in Part; Reversed and Rendered in Part

Filed: May 26, 1993

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