Springs Window Fashions Division, Inc. v. Blind Maker, Inc.

OPINION

BOB PEMBERTON, Justice.

We grant the motion for rehearing of appellants, Springs Window Fashions Division, Inc., Springs Window Fashions, L.P. and SWF, Inc. d/b/a SC-SWF, Inc. (“Springs”), withdraw our opinion and judgment of July 29, 2005, and substitute the following in its place.

Springs appeals a judgment awarding appellee, The Blind Maker, Inc., $5,167,240 in actual damages and $2,090,000 in exemplary damages. The sole liability theory submitted to the jury was fraud, and the sole element of actual damages submitted was lost profits as consequential damages. Springs asserts that the…