Texas Supreme Court, 1985

Garcia v. Gainan's Chevrolet City, Inc.

Texas Supreme Court · Decided May 29, 1985 · Wallace, McGee, Gonzalez

690 S.W.2d 892; 28 Tex. Sup. Ct. J. 438; 1985 Tex. LEXIS 828 (South Western Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Morgan v. South Texas Home Services, Inc. (In re Morgan) (United States Bankruptcy Court, S.D. Texas 1987)
Gonzalez v. Gainan's Chevrolet City, Inc. (Tex. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Dissenting Opinion

McGEE, Justice,

dissenting.

I dissent for the reasons stated in my dissenting opinion in Gonzalez v. Gainan’s Chevrolet City, Inc., 690 S.W.2d 885 (Tex. 1985).

GONZALEZ, J., joins in this dissent.

Opinion of the Court

WALLACE, Justice.

This suit was brought by Garcia for statutory penalties and attorney’s fees pursuant to the Texas Consumer Credit Code, TEX.REV.CIV.STAT.ANN. art. 5069-7.01, et seq., (Vernon Supp. 1984). The trial court rendered a take, nothing judgment. The court of appeals affirmed in an unpublished opinion. This is a companion case to Gonzalez v. Gainan’s Chevrolet City, Inc. and General Motors Acceptance Corp., 690 S.W.2d 885 (Tex. 1985), decided this same day. The issues are identical in both cases.

We reverse the judgment of the court of appeals and remand this cause to the trial court for a determination of damages and attorney’s fees.

McGEE, J., dissents, in which GONZALEZ, J., joins.

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