Dallas Court of Appeals, No. 05-20-00859-CV (August 11, 2022)
Justices Reichek, Nowell (opinion available here), and Carlyle
The Dallas Court of Appeals rejected all of the defendants’ arguments on appeal concerning the citation and adequacy of service and would have affirmed the judgment. But it held the trial court erred in rendering judgment awarding punitive damages against all defendants jointly and severally. Texas Civil Practice & Remedies Code § 41.006 provides that, in any action in which there are two or more defendants, an award of exemplary damages must be specific as to a defendant, and each defendant is liable only for the amount of the award made against that defendant. The Court therefore reversed for a new trial on punitive damages only.