harmful error. Tex.R.App. Proc. 44.1. Exemplary Damages Cullum contends White is not entitled to recover exemplary damages because there was not a unanimous verdict on her defamation claim. In response, White contends Cullum waived his complaint because he did not object to the jury charge or object to the verdict before the jury was discharged. However, Cullum is not complaining of charge error; rather, he argues that as a matter of law there can be no recovery of exemplary damages without a unanimous jury verdict on the underlying theory of liability. Cullum is correct. As a matter of law, a party cannot recover exemplary damages without a unanimous verdict on the underlying theory of liability. See Kia Motors Corp. v. Ruiz, 348 S.W.3d 465, 492 (Tex.App.-Dallas 2011, no pet.) (<HOLDING>); DeAtley v. Rodriguez, 246 S.W.3d 848, 850
holding that general verdicts failed to reveal whether defendant was convicted on accomplice liability theory and that evidence supported accomplice liability theory holding that the district courts instructions requiring the jury to find that the defendant acted willfully to convict on income tax evasion necessarily encompassed the defendants theory on good faith reliance holding the eighth amendment inapplicable to an award of exemplary damages holding that provision in wrongful death act that allowed parents to recover exemplary damages was invalid under art 16  26 since legislature could not enlarge on exemplary damages holding that requiring the jury to unanimously find liability for exemplary damages necessarily includes a finding on the underlying theory of liability