BRADY, Justice.
Appellant Carrell appeals from a judgment reached after a bench trial in which appellee Richie was awarded $25,000 actual and $75,000 exemplary damages for assault. We will affirm the judgment of the trial court.
On July 12, 1983, appellant Carrell went to appellee’s office over a dispute concerning payment of a real estate commission earned by appellee. Appellant became embroiled in a violent argument, tore up a demand letter that appellee had previously written to him and threw it into appellee’s face. Appellant then pushed or flipped ap-pellee’s desk over, breaking it into pieces. Immediately thereafter, appellant grabbed appellee by the throat and raised his arm as if to strike appellee. Upon hearing ap-pellee’s cries for help, a secretary came into the office. It was at this moment that appellant released his hold on the appellee and left the premises. No blow was actually struck by appellant. The extensive testimony in this cause indicated that starting in 1982, the two parties had both a business and a personal relationship. Appellant is a home builder. Appellee Richie is a real estate broker who had assisted appellant in acquiring building lots and buying and selling homes and other property in Austin. In one transaction, the evidence indicated that through advice of appellee, appellant had purchased five lots with a $5,000 earnest money investment. This resulted in a subsequent sale which netted appellant a total profit of $200,000. Appellee was to receive a 6% realtor’s commission for the sale of these lots. Despite his profit, appellant refused to pay the commissions to appellee after appellee had procured willing buyers. On July 12, 1983, the date of the assault, appellee was already aware of several violent incidents in appellant’s past. Apparently, some years prior to the assault, appellant had bragged about an incident in which he had either killed or seriously injured a man who had pulled a pistol on appellant. Other violent acts in the appellant’s past included appellant’s attack on a sixty-year-old man in a dispute over some carpet. Appellant apparently broke the man’s desk, throwing it onto him, and striking him with a shoe. Further, there was a dispute over a framing job when appellant apparently struck and knocked down one Jeff Newman in a fist fight. On another occasion, appellant had “threatened to throw an architect out the window.” The evidence indicated that appellant, a former professional football player, was six feet and three inches tall and weighed over 225 pounds. Likewise, appellant had convinced appellee that he had good reason to fear physical violence from appellant. At the trial, appellant admitted the assault.
Appellant argues four points of error, three of which are concerned with the actual and exemplary damages awarded appel-lee by the trial court. The contention of appellant is that because there were no actual physical blows struck, that the actual damages of $25,000 awarded by the trial judge was excessive. Further, because there was no future mental or physical pain, the appellant suggests a remittitur of $20,000 to reduce the actual damages for mental pain to $5,000. At the trial, appel-lee testified to continuing fear of appellant, and cited an occasion when the rear window of his car was shot out or was smashed. An act appellee is convinced was perpetrated by appellant. On another occasion, appellee found himself in a position of having to cross the path of appellant’s vehicle. The clear implication from the record is that under the facts appellee was concerned that appellant would try to run him over. This apprehension was created when appellant motioned to appellee to walk in front of the vehicle as appellant gunned the engine. Evidence in the record included vivid descriptions of the fear, trepidation, humiliation and embarrassment inflicted on appellee by appellant. Richie testified that these incidents have made [45]*45him afraid to go out into subdivisions where he makes his living. Such fear of appellant is exemplified by an incident which occurred a year after the assault, approximately four months before trial. Appellee was out alone in a subdivision looking at a home under construction on a dead-end street. While in the house, appel-lee saw appellant drive by slowly. Knowing that appellant would have to turn around and drive back on the dead-end street, appellee jumped into his car “terrified and sped away.”
Appellant made no request for findings of fact and conclusions of law from the trial court. In his brief, appellant states that he “presumes the trial court did not commit error by including any award for future pain and suffering in his award of actual damages,” and says that this point of error is directed at any implied findings of future pain and suffering. Without findings of fact and conclusions of law, this Court can consider only the evidence favorable to the verdict and judgment, and disregard all evidence or inferences to the contrary. Carter v. William Sommerville & Son, Inc., 584 S.W.2d 274 (Tex.1979). We must presume on appeal that the trial court did not consider improper evidence in awarding actual damages. The award must be affirmed if there is any evidence to support such an award. From all of the evidence reported above, we cannot say that the trial court erred in awarding appellee $25,000 actual damages for mental pain and suffering due to the evidence of continuing fear which appellant’s past and continued activities have instilled in appellee. We do not agree that under the facts in this record that such award by the trial judge is excessive.
Appellant concedes that pain and suffering has no price in the open market, and compensation for pain and suffering are not capable of being exactly and accurately determined. The amount to be awarded in any case must be left to the sound discretion of the trier of fact.
Turning to the exemplary damages, and appellant's third point of error: The trial court originally set the exemplary damages at $200,000. Upon hearing appellant’s Motion for New Trial, and the evidence adduced thereby, the trial court entertained a remittitur in the amount of $125,000, thus making the exemplary damages $75,000.
The recent decision of Hofer v. Lavender, 679 S.W.2d 470 (Tex.1984) is instructive in this matter. The Texas Supreme Court held that “punishment of the wrongdoer is one purpose of exemplary damages.” Id. at 474. The Court went on to state that “another of the purposes of such damages is to serve as an example to others.” Id. at 474. Appellant cites the case of Jameson v. Zuehlke, 218 S.W.2d 326 (Tex.Civ.App.1949, writ ref’d n.r.e.) in which the court reduced exemplary damages for malicious prosecution for the maximum allowed by the fine in the criminal statute; appellant argues that the exemplary damages here should be reduced to the criminal fine of $2,000. Again, without findings of fact and conclusions of law requested by appellant or made by the trial court, all questions of fact will be presumed found in support of the.judgment which must be upheld on any legal theory supported by the pleadings and the evidence. Carter, supra; and Leach v. Eureka Life Ins. Co., 580 S.W.2d 628 (Tex.Civ.App.1979, writ ref’d n.r.e.). As to the ratio between actual and exemplary damages, the trial court award here is well within the range of acceptable ratios under previous Texas decisions. See Carr v.
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BRADY, Justice.
Appellant Carrell appeals from a judgment reached after a bench trial in which appellee Richie was awarded $25,000 actual and $75,000 exemplary damages for assault. We will affirm the judgment of the trial court.
On July 12, 1983, appellant Carrell went to appellee’s office over a dispute concerning payment of a real estate commission earned by appellee. Appellant became embroiled in a violent argument, tore up a demand letter that appellee had previously written to him and threw it into appellee’s face. Appellant then pushed or flipped ap-pellee’s desk over, breaking it into pieces. Immediately thereafter, appellant grabbed appellee by the throat and raised his arm as if to strike appellee. Upon hearing ap-pellee’s cries for help, a secretary came into the office. It was at this moment that appellant released his hold on the appellee and left the premises. No blow was actually struck by appellant. The extensive testimony in this cause indicated that starting in 1982, the two parties had both a business and a personal relationship. Appellant is a home builder. Appellee Richie is a real estate broker who had assisted appellant in acquiring building lots and buying and selling homes and other property in Austin. In one transaction, the evidence indicated that through advice of appellee, appellant had purchased five lots with a $5,000 earnest money investment. This resulted in a subsequent sale which netted appellant a total profit of $200,000. Appellee was to receive a 6% realtor’s commission for the sale of these lots. Despite his profit, appellant refused to pay the commissions to appellee after appellee had procured willing buyers. On July 12, 1983, the date of the assault, appellee was already aware of several violent incidents in appellant’s past. Apparently, some years prior to the assault, appellant had bragged about an incident in which he had either killed or seriously injured a man who had pulled a pistol on appellant. Other violent acts in the appellant’s past included appellant’s attack on a sixty-year-old man in a dispute over some carpet. Appellant apparently broke the man’s desk, throwing it onto him, and striking him with a shoe. Further, there was a dispute over a framing job when appellant apparently struck and knocked down one Jeff Newman in a fist fight. On another occasion, appellant had “threatened to throw an architect out the window.” The evidence indicated that appellant, a former professional football player, was six feet and three inches tall and weighed over 225 pounds. Likewise, appellant had convinced appellee that he had good reason to fear physical violence from appellant. At the trial, appellant admitted the assault.
Appellant argues four points of error, three of which are concerned with the actual and exemplary damages awarded appel-lee by the trial court. The contention of appellant is that because there were no actual physical blows struck, that the actual damages of $25,000 awarded by the trial judge was excessive. Further, because there was no future mental or physical pain, the appellant suggests a remittitur of $20,000 to reduce the actual damages for mental pain to $5,000. At the trial, appel-lee testified to continuing fear of appellant, and cited an occasion when the rear window of his car was shot out or was smashed. An act appellee is convinced was perpetrated by appellant. On another occasion, appellee found himself in a position of having to cross the path of appellant’s vehicle. The clear implication from the record is that under the facts appellee was concerned that appellant would try to run him over. This apprehension was created when appellant motioned to appellee to walk in front of the vehicle as appellant gunned the engine. Evidence in the record included vivid descriptions of the fear, trepidation, humiliation and embarrassment inflicted on appellee by appellant. Richie testified that these incidents have made [45]*45him afraid to go out into subdivisions where he makes his living. Such fear of appellant is exemplified by an incident which occurred a year after the assault, approximately four months before trial. Appellee was out alone in a subdivision looking at a home under construction on a dead-end street. While in the house, appel-lee saw appellant drive by slowly. Knowing that appellant would have to turn around and drive back on the dead-end street, appellee jumped into his car “terrified and sped away.”
Appellant made no request for findings of fact and conclusions of law from the trial court. In his brief, appellant states that he “presumes the trial court did not commit error by including any award for future pain and suffering in his award of actual damages,” and says that this point of error is directed at any implied findings of future pain and suffering. Without findings of fact and conclusions of law, this Court can consider only the evidence favorable to the verdict and judgment, and disregard all evidence or inferences to the contrary. Carter v. William Sommerville & Son, Inc., 584 S.W.2d 274 (Tex.1979). We must presume on appeal that the trial court did not consider improper evidence in awarding actual damages. The award must be affirmed if there is any evidence to support such an award. From all of the evidence reported above, we cannot say that the trial court erred in awarding appellee $25,000 actual damages for mental pain and suffering due to the evidence of continuing fear which appellant’s past and continued activities have instilled in appellee. We do not agree that under the facts in this record that such award by the trial judge is excessive.
Appellant concedes that pain and suffering has no price in the open market, and compensation for pain and suffering are not capable of being exactly and accurately determined. The amount to be awarded in any case must be left to the sound discretion of the trier of fact.
Turning to the exemplary damages, and appellant's third point of error: The trial court originally set the exemplary damages at $200,000. Upon hearing appellant’s Motion for New Trial, and the evidence adduced thereby, the trial court entertained a remittitur in the amount of $125,000, thus making the exemplary damages $75,000.
The recent decision of Hofer v. Lavender, 679 S.W.2d 470 (Tex.1984) is instructive in this matter. The Texas Supreme Court held that “punishment of the wrongdoer is one purpose of exemplary damages.” Id. at 474. The Court went on to state that “another of the purposes of such damages is to serve as an example to others.” Id. at 474. Appellant cites the case of Jameson v. Zuehlke, 218 S.W.2d 326 (Tex.Civ.App.1949, writ ref’d n.r.e.) in which the court reduced exemplary damages for malicious prosecution for the maximum allowed by the fine in the criminal statute; appellant argues that the exemplary damages here should be reduced to the criminal fine of $2,000. Again, without findings of fact and conclusions of law requested by appellant or made by the trial court, all questions of fact will be presumed found in support of the.judgment which must be upheld on any legal theory supported by the pleadings and the evidence. Carter, supra; and Leach v. Eureka Life Ins. Co., 580 S.W.2d 628 (Tex.Civ.App.1979, writ ref’d n.r.e.). As to the ratio between actual and exemplary damages, the trial court award here is well within the range of acceptable ratios under previous Texas decisions. See Carr v. Galvan, 650 S.W.2d 864 (Tex.Civ.App.1983, writ ref’d n.r.e.) approving a fourteen to one ratio in an assault case. See also Kraus v. Alamo National Bank of San Antonio, 586 S.W.2d 202 (Tex.Civ.App.1979), aff’d, 616 S.W.2d 908 (Tex.1981), approving a twenty to one ratio. In the instant case, the ratio originally was eight to one before the trial court granted remittitur, and it is now three to one. Appellant’s third point is overruled.
Finally, appellant complains of the trial court’s granting of a permanent injunction. The complaint is made that the [46]*46court erred in failing to comply with Tex.R.Civ.P.Ann. 683 (Supp.1985). However, this rule is not applicable to permanent injunctions. See Spinuzzi v. Town of Corinth, 665 S.W.2d 530 (Tex.Civ.App.1983, no writ). Rule 683 applies only to orders granting temporary injunctions. City of Houston v. Morgan Guaranty International Bank, 666 S.W.2d 524, 536 (Tex.Civ.App.1983, writ ref’d n.r.e.).
Appellee’s cross points that the trial court erred in ordering the remittitur of $125,000 exemplary damages and admitting evidence at the hearing on appellant’s Motion for New Trial, are without merit and are overruled.
The judgment of the trial court is affirmed.