Richard O. Harris, Individually and as Trustee of Richard O. Harris Profit Sharing Trust v. Richard K. Archer, M.D., Individually and as Trustee of the Richard K. Archer, M.D., P.A. Profit Sharing Plan & Trust and Reba Land, Inc. and Steven W. Sterquell, Individually and as Trustee of the Steve W. Sterquell Profit Sharing Plan

• Court: Court of Appeals of Texas
• Decided: December 18, 2003
• Docket: 07-01-00071-CV
• Status: Published

Opinion

NO. 07-01-0071-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO

PANEL E

DECEMBER 18, 2003

______________________________

RICHARD O. HARRIS, INDIVIDUALLY AND AS TRUSTEE OF RICHARD O. HARRIS PROFIT SHARING TRUST, APPELLANT

V.

RICHARD K. ARCHER, M.D., INDIVIDUALLY AND AS TRUSTEE OF THE RICHARD K. ARCHER, M.D., P.A. PROFIT SHARING PLAN & TRUST AND REBA LAND, INC., APPELLEES AND CROSS-APPELLANTS

V.

STEVE W. STERQUELL, INDIVIDUALLY AND AS TRUSTEE OF STEVE W. STERQUELL PROFIT SHARING TRUST, CROSS-APPELLEES

_________________________________

FROM THE 47^TH DISTRICT COURT OF RANDALL COUNTY;

NO. 40,125-A; HONORABLE DAVID L. GLEASON, JUDGE _______________________________

Before JOHNSON, C.J., and QUINN, J., and BOYD, S.J. ⁽¹⁾

ORDER ON REMITTITUR

Our opinion of December 9, 2003, suggested that Richard O. Harris, Individually and as Trustee of the Richard O. Harris Profit Sharing Trust (collectively "Harris"), and Steve W. Sterquell, Individually and as Trustee of the Steve W. Sterquell Profit Sharing Trust (collectively "Sterquell"), each remit those amounts of exemplary damages in excess of $407,790 which were awarded to them by the trial court judgment. On December 17, 2003, both Harris and Sterquell filed remititturs conforming to our suggestion.

In accordance with our opinion of December 9, 2003: (1) the trial court judgment as to Harris is reversed; (2) judgment is rendered that Richard O. Harris, Individually and as Trustee of the Richard O. Harris Profit Sharing Trust recover from Richard K. Archer, M.D., Individually and as Trustee of the Richard K. Archer, M.D., P.A. Profit Sharing Plan & Trust, and Reba Land, Inc., jointly and severally, judgment for actual damages in the amount of One Hundred One Thousand, Nine Hundred Forty-Seven and 50/100 dollars ($101,947.50), and (3) judgment is rendered that Richard O. Harris, Individually and as Trustee of the Richard O. Harris Profit Sharing Trust recover from Richard K. Archer, M.D., Individually, judgment for exemplary damages in the further amount of Four Hundred Seven Thousand, Seven Hundred Ninety and no/100 dollars ($407,790).

Further, in accordance with our opinion of December 9, 2003: (1) except as specifically reformed herein, the trial court judgment providing that Steve W. Sterquell, Individually and as Trustee of the Steve W. Sterquell Profit Sharing Trust recover from Richard K. Archer, M.D., Individually and as Trustee of the Richard K. Archer, M.D., P.A. Profit Sharing Plan & Trust, and Reba Land, Inc., is affirmed; (2) that part of the trial court judgment providing that Steve W. Sterquell, Individually and as Trustee of the Steve W. Sterquell Profit Sharing Trust recover judgment for exemplary damages from Richard K. Archer, M.D., Individually, is reformed to provide that Steve W. Sterquell, Individually and as Trustee of the Steve W. Sterquell Profit Sharing Trust recover from Richard K. Archer, M.D., Individually, judgment for exemplary damages in the amount of Four Hundred Seven Thousand, Seven Hundred Ninety and no/100 dollars ($407,790).

Phil Johnson

Chief Justice

1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.