William D. Abraham v. Ron Acton, Debbie Acton, AARK Investments, L.P., Federico Fernandez and Carol Fernandez ( 2023 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
WILLIAM D. ABRAHAM, §
No. 08-22-00079-CV
Appellant, §
Appeal from the
v. §
243rd Judicial District Court
RON ACTON, DEBBIE ACTON, AARK §
INVESTMENTS, L.P., FEDERICO of El Paso County, Texas
FERNANDEZ and CAROL FERNANDEZ, §
(TC# 2016DCV2081)
Appellees. §
JUDGMENT
The Court has considered this cause on the record and concludes there was error in the
judgment as it relates to the exemplary damages awards to the Fernandezes and the Actons. We
therefore reverse only those awards and render a final judgment that: (1) removes the exemplary
damages awards in the amount of $30,000 to Appellees Federico and Carol Fernandez, and in the
amount of $60,000 to Appellees Ron and Debbie Acton; and (2) we affirm the trial court’s
judgment in all other respects.
We further order that Appellees recover from Appellant for performance of the judgment
and all costs, both in this Court and the court below, for which let execution issue. See TEX. R.
APP. P. 43.5. This decision shall be certified below for observance.
IT IS SO ORDERED THIS 14TH DAY OF AUGUST, 2023.
LISA J. SOTO, Justice
Before Rodriguez, C.J., Palafox, and Soto, JJ.
Rodriguez, C.J., dissenting