DTPA | Deceptive Trade Practices Act | consumer law | interest of consumers | common law fraud | statutory fraud | deception | nondisclosure | misrepresentation | exemplary damages | statutory laundry list violations | Bejjani v. TRC Services, Inc. (Tex.App.- Houston [14th Dist.] Nov. 19, 2009)(Boyce) (DTPA car repair, foreclosure of mechanic's lien, segregation of attorney’s fees) AFFIRMED: Opinion by Justice Boyce Before Justices Anderson, Frost and Boyce 14-08-00750-CV Khalil Bejjani, Individually and dba Bejjani Enterprises, Inc., and dba Bejjani Automotive Group, Inc., and dba Toyex Bimmer Sales & Services and dba Toyex/Bimmer; Bejjani Enterprises, Inc., Individually, Et al v. TRC Services, Inc. Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Jacqueline Lucci-Smith David Rafes, Inc. v. Huml (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Jennings) (defamation business disparagement claim re low product quality, tortious interference with prospective business relationships, substantial truth defense to defamation claim succeeds) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-08-00856-CV David Rafes, Inc. v. Michael Huml and Slowboy Racing, Inc. Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mark Davidson Harrison v. Charlie Thomas Ford, Ltd. (Tex.App.- Houston [1st Dist.] Sep. 24, 2009)(Sharp) (DTPA, Finance Code violations in installment sale of motor vehicle alleged, waiver of arguments on appeal) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Chief Justice Radack, Justices Taft and Sharp 01-08-00164-CV Russell W. Harrison v. Charlie Thomas Ford, Ltd., d/b/a Charlie Thomas Ford Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan Robertson v. Barnes (Tex.App.- Houston [14th Dist.] July 30, 2009)(Sullivan) (home owner, consumer law, DTPA, home in poor condition, stucco problem, failure to disclose claim, structural repair for seller's disclosure purposes construed as referring to repair of loadbearing components) (directed verdict affirmed) AFFIRMED: Opinion by Justice Sullivan Before Justices Brock Yates, Guzman and Sullivan 14-07-00791-CV Chris Robertson v. Joe Barnes and Sandion, Ltd d/b/a Coldwell Banker United, Realtors Appeal from 280th District Court of Harris County Trial Court Judge: TONY LINDSAY Rivers v. Charlie Thomas Ford, Ltd (Tex.App.- Houston [14th Dist.] Jun. 4, 2009)(Anderson) (consumer law dispute over car purchase) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00229-CV Deleaser L. Rivers v. Charlie Thomas Ford, LTD d/b/a Charlie Thomas Ford Appeal from 190th District Court of Harris County Trial Court Judge: Patricia J Kerrigan Buggelli v. Feltis (Tex.App. - Houston [14th Dist.] Aug. 28, 2008)(Guzman) (DTPA, challenge to judgment on settlement agreement, waiver of error) AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-07-00027-CV James Buggelli v. Alan J. Feltis and Roy J. Crosby d/b/a Royal Aero Appeal from 269th District Court of Harris County Trial Court Judge: John Woolridge Heckel v. Allen Samuels Chevrolet and GE (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman) (product liability claim time-barred, warranty claim remanded) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Brown 14-07-00254-CV Sharon Heckel v. Allen Samuels Chevrolet and General Motors Corporation Appeal from 333rd District Court of Harris County Trial Court Judge: Joseph J. Halbach No detrimental reliance on misrepresentation shown - summary judgment for defendant affirmed Wood v. Texas Chiropractic College (Tex.App.- Houston [1st Dist.] July 24, 2008) (Jennings) (student's suit against private educational institution, DTPA, negligent misrepresentation, reliance element, no-evidence summary judgment for defendant affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Taft and Jennings, The Honorable Hudson 01-07-00952-CV Kelly Wood v. Texas Chiropractic College Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Jennifer Walker Elrod Jack v. Holiday World of Houston (Tex.App.- Houston [1st Dist.] June 19, 2008)(Taft) (DTPA, motor home purchase, mistrial, improper comments in presence of jury, Batson challenge) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-06-00816-CV Herbert L. Jack v. Holiday World of Houston, Forest River, Inc., Bank of America, N. A. | Appeal from 281st District Court of Harris County Trial Court Judge: Hon. David J. Bernal Texas Supreme Court dismisses consumer class action complaining of unsafe safety belts; says plaintiffs have no standing to sue even individually because they have not been injured (yet) Daimler Chrysler Corp. v. Inman, No. 03-1189 (Tex. Feb. 1, 2008)(Opinion by Justice Nathan Hecht) (class action dismissed on standing grounds, jurisdictional dismissal, DWOJ) Texas Supreme Court decertifies class in consumers' class action against Best Buy Best Buy Co. v. Barrera, No. 07-0028 (Tex. Nov. 30, 2007)(per curiam)(consumer law, class actions, class de-certified, class certification) BEST BUY CO. AND BEST BUY STORES, L.P. v. VELMA V. BARRERA, INDIVIDUALLY AND ON BEHALF OF OTHERS SIMILARLY SITUATED; from Nueces County; 13th district (13-05-00258-CV, 214 S.W.3d 66, 11/30/06) Mott v. Red's Safe and Lock Services, Inc. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks) (DTPA, products liability, warranty breach) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks 01-06-00823-CV Larry Gene Mott and Cheryl Ann Mott v. Red's Safe and Lock Services, Inc. d/b/a Red's Hardware and Security, and Red's True Value Hardware Appeal from 151st District Court of Harris County (Judge Caroline Baker) Ritchie v. Dr. Yazdi, Apple Dentists, PLLC (Tex.App.- Houston [14th Dist.] May 22, 2007)(Yates) (HCLC)(dentist malpractice, negligence, no DTPA against physician, interest on judgment) AFFIRMED AS MODIFIED: Opinion by Justice Brock Yates 14-05-01232-CV Lycett Ritchie v. Dr. Neshat Yazdi, Apple Dentists, PLLC & Dr. Fatemah Bijan Appeal from 281st District Court of Harris County (Judge David J. Bernal) The Landing Council of Co-Owners v. Durham (Tex.App.- Houston [14th Dist.] Nov. 20, 2007) (Seymore)(DTPA, jury, exemplary damages award deleted) AFFIRMED AS MODIFIED: Opinion by Justice Seymore 14-06-00417-CV The Landing Council of Co-Owners v. James B. Durham and Mary Lou Durham Appeal from Co Civil Ct at Law No 2 of Harris County (Judge Gary Michael Block) Loewe v. Trammell Crow Co. (Tex.App.- Houston [14th Dist.] Nov. 15, 2007)(Edelman) (commercial lease, shopping center, professional services exception bars recovery under DTPA, summary judgment for defendants affirmed) Cole v. Cassel (Tex.App.- Houston [1st Dist.] Nov. 1, 2007)(Alcala)(DTPA, real estate litigation, earnest money) AFFIRM TC JUDGMENT: Opinion by Justice Alcala 01-06-00304-CV Curtis S. Cole v. Craig Cassel, Brenda Cassel, Marcia Clark, Preston Jullian Appeal from 281st District Court of Harris County (Hon. David J. Bernal) Appellant, Curtis Cole, appeals a take-nothing summary judgment rendered in favor of Craig Cassel, appellee, in Cole’s suit for deceptive trade practices, breach of contract, common law fraud, real estate fraud, negligent misrepresentation, and detrimental reliance resulting from a failed real estate contract. Cole does not frame any of his challenges as issues or points of error, but rather describes his assertions in paragraph form, without enumeration. We conclude that the trial court properly rendered summary judgment in favor of Cassel on Cole’s deceptive trade practices claim and that Cole waived his other challenges due to inadequate briefing. We affirm the judgment of the trial court. Zarzana v. Ashley (Tex.App.- Houston [14th Dist.] Jan. 23, 2007)(Yates) (DTPA, counterfeit inspection sticker, fraud, negligent supervision) AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-00100-CV Sam Zarzana v. Donald Ashley and Charles Ashley d/b/a Meineke Car Care #10--Appeal from 190th District Court of Harris County (Hon. Jennifer Elrod Walker) Tejas Toyota, Inc. v. Coffman (Tex.App.- Houston [1st Dist.] May 3, 2007)(Nuchia) [consumer law, DTPA, auto service, oil change, attorneys fees] Appellant, Tejas Toyota, Inc. (Tejas), appeals the trial court's judgment awarding actual damages and attorney's fees to appellee Lisa Coffman in her lawsuit against Tejas for negligence, breach of warranty, and violation of the Deceptive Trades Practices-Consumer Protection Act (DTPA) (1) in connection with damages allegedly resulting from an oil change. In five issues, Tejas complains that (1) the trial court erred in excluding evidence of the prior condition of the automobile, (2) the evidence was factually insufficient to support an implied finding that the oil change was the producing or proximate cause of the damages, (3) the evidence was factually insufficient to support the amount of the damages award, (4) the trial court erred in finding that the amount of attorney's fees was reasonable and necessary, and (5) the evidence was factually insufficient to support the amount of the attorney's fees awarded. We affirm. We conclude that the evidence was factually sufficient to support the trial court's finding that the fees awarded were reasonable and necessary and in awarding $21,000 in attorney's fees for the trial, plus additional fees contingent on appeal. Accordingly, we overrule Tejas's fourth and fifth issues. Tello v. Bank One, NA , 218 S.W.3d 109 (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Seymore) (auto lease, DTPA) [vehicle lease, breach of contract, fraud, DTPA] AFFIRMED: Opinion by Justice Seymore (Before Justices Hudson, Frost and Seymore) 14-04-00888-CV Pablo Tello v. Bank One, N.A.: Banc One Texas Leasing Corp Appeal from Co Civil Ct at Law No 2 of Harris County (Judge Gary Michael Block) Dissenting Opinion by Justice Frost |
| DTPA and Other Consumer Case Law from Courts of Appeals (Tex.App.- Houston 2009 2008 2007) Houston Opinions |