APPELLANTS

APPELLEE

PER CURIAM

On motion for rehearing, McCrorey argues in point of error four that we erred in overruling her original point of error seven and, thus, in affirming the district court's judgment holding McCrorey jointly and severally liable with the Board. On further reflection, we agree. Even though McCrorey has effectively conceded that the jury finding to question five, if supported by the evidence, would establish McCrorey's bad faith or absence of good faith, question five is nonetheless fatally flawed as it asked only about the Board's state of mind, not McCrorey's. Point of error four on rehearing is sustained; points of error one, two, and three on rehearing are overruled.

We grant the motion for rehearing in part as to point of error four and overrule the motion for rehearing in part as to points of error one, two, and three. This Court's judgment of April 7, 1993, is withdrawn. The portion of the judgment of the district court that awards Patricia Felix recovery from Jo King McCrorey is reversed and judgment is rendered that Patricia Felix take nothing as to her claims against Jo King McCrorey. The remainder of the judgment of the district court is affirmed.

[Before Chief Justice Carroll, Justices Aboussie and B. A. Smith]

Affirmed in Part; Reversed and Rendered in Part

Filed: May 26, 1993

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