University of Texas Health Science Center at Houston v. Big Train Carpet of El Campo, Inc.
Cases that cite this one
83 later published cases cite this decision. The 25 that cite it most often are listed here.
- Alida M. Anton v. Merrill Lynch and Russell Norwood, Individually (Tex. App. 2001)
- Dan Silvestri v. International Bank of Commerce (Tex. App. 2013)
- Olympic Waste Services v. City of Grand Saline (Tex. App. 2006)
- Olympic Waste Services, a Division of Allied Waste Industries, Inc. v. the City of Grand Saline, Texas (Tex. App. 2006)
- Tribble & Stephens Co. v. RGM Constructors, L.P. (Tex. App. 2005)
- Anton v. Merrill Lynch (Tex. App. 2001)
- Alida M. Anton v. Merrill Lynch and Russell Norwood, Individually (Tex. App. 2001)
- Graham v. Mary Kay Inc. (Tex. App. 2000)
- Donnell v. Spring Sports, Inc. (Tex. App. 1996)
- Bossin v. Towber (Tex. App. 1995)
- Roman Catholic Diocese of Galveston-Houston v. First Colony Community Services Ass'n (Tex. App. 1994)
- McKnight v. Riddle & Brown, P.C. (Tex. App. 1994)
- Ervin v. James (Tex. App. 1994)
- Knighton v. International Business Machines Corp. (Tex. App. 1993)
- Cooke v. Maxam Tool and Supply, Inc. (Tex. App. 1993)
- Gannon v. Baker (Tex. App. 1991)
- Connor v. Waltrip (Tex. App. 1990)
- Gates v. Dow Chemical Co. (Tex. App. 1989)
- Stimpson v. Plano Independent School District (Tex. App. 1987)
- Freddy Wirt v. LaBelleCo Fab, LLC (Tex. App. 2024)
- Yvonne Vela v. Grayson Michael Salas and Timothy Lange (Tex. App. 2022)
- National Union Fire Insurance Company of Pittsburgh, PA v. Exxon Mobil Corporation (Tex. App. 2021)
- HB Aviation, LLC// Glenn Hegar, Texas Comptroller of Public Accounts And Ken Paxton, Texas Attorney General v. Glenn Hegar, Texas Comptroller of Public Accounts And Ken Paxton, Texas Attorney General// Cross-Appellee, HB Aviation, LLC (Tex. App. 2020)
- Michael Fallon, M.D. v. the University of Texas MD Anderson Physician's Network Ans William Hyslop, as President and Chief Executive Officer of the University of Texas MD Anderson Physician's Network (Tex. App. 2019)
- Michael Fallon, M.D. v. the University of Texas MD Anderson Cancer Center and Craig Henderson as Officer for the Public Information for the University of Texas MD Anderson Cancer Center (Tex. App. 2019)
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.
Opinion
This is a summary judgment case. Big Train Carpet of El Campo sued the University of Texas Health Science Center for payment under its carpeting contract. The University counterclaimed for usury based on two late charges of 1.5 percent per month. As a usury defense, Big Train claimed that the charges were added as the result of a bona fide error by its president. Both parties moved for summary judgment. The trial court granted summary judgment for Big Train, and, in an unpublished opinion, the court of appeals affirmed. We reverse and remand only as to the University’s usury counterclaim.
The court of appeals, after indulging all inferences and resolving all doubts in favor of Big Train, concluded that Big Train had established its usury defense. Big Train, however, was the successful movant. The University, as the nonmov-ant, was entitled to have all reasonable inferences made and all doubts resolved in its favor. El Chico Corp. v. Poole, 732 S.W.2d 306 (Tex. 1987). Under the correct standard of review, there is an issue of fact precluding summary judgment. City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671 (Tex. 1979).
Because the court of appeals opinion conflicts with Clear Creek and El Chico, we grant the University’s application, and without hearing oral argument, a majority of the court reverses the court of appeals judgment as to the University’s usury counterclaim, and remands that claim for trial. TEX.R.APP.P. 133(b).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.