acadia-healthcare-company-inc-psychiatric-resource-partners-inc-michael ( 2015 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00339-CV
Acadia Healthcare Company, Inc.; § From the 16th District Court
Psychiatric Resource Partners, Inc.;
Michael A. Saul; Timothy J. Palus; § of Denton County (2011-10846-16)
Peter D. Ulasewicz; Barbara H.
Bayma; and John M. Piechocki
§ July 23, 2015
v.
Horizon Health Corporation § Opinion by Justice Gabriel
JUDGMENT ON REHEARING
After reviewing Appellee/Cross-Appellant Horizon Health Corporation’s
motion for rehearing and motion for en banc reconsideration, we grant the motion
for rehearing and dismiss the motion for en banc reconsideration. We withdraw
our February 26, 2015 opinion and judgment and substitute the following.
This court has considered the record on appeal in this case and holds that
there was error in the trial court’s judgment. It is ordered that the judgment of the
trial court awarding Horizon Health Corporation future-lost-profit damages is
reversed and we render a take-nothing judgment on Horizon’s claims upon which
the jury awarded damages for future lost profits. We reverse that portion of the
trial court’s judgment awarding exemplary damages jointly and severally against
Acadia Healthcare Company, Inc. and Psychiatric Resource Partners, Inc. and
render judgment that the exemplary damages are not awarded jointly and
severally against Acadia Healthcare Company, Inc. and Psychiatric Resource
Partners, Inc.. We also reverse the trial court’s judgment regarding attorneys’
fees and remand for a new trial on attorneys’ fees.
We affirm the remainder of the trial court’s judgment conditioned on our
suggestion of remittitur by Horizon Health Corporation of $649,015.20 in
exemplary damages no later than thirty days after the date of this judgment.
Upon timely remittitur, we will modify the amount of exemplary damages awarded
in the trial court’s judgment and affirm the remaining portions of the judgment as
modified. If Horizon Health Corporation does not timely file the remittitur, we will
reverse the trial court’s judgment for a new trial on Horizon Health Corporation’s
claims upon which Horizon Health Corporation prevailed and was awarded
damages that were supported by sufficient evidence.
It is further ordered that appellant Acadia Healthcare Company, Inc. shall
bear the costs of this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Lee Gabriel
Justice Lee Gabriel