Combs v. Fantastic Homes, Inc.

GUITTARD, Chief Justice.

In this suit for treble damages under the Deceptive Trade Practices Act, Tex.Bus. & Comm.Code §§ 17.46 and 17.50 (Vernon Supp.1978), defendant’s motion for summary judgment was granted on the ground that plaintiffs’ own testimony by deposition showed that any representations to plaintiffs by defendant’s agents were not made with intent to deceive. The principal question before us is whether in view of the 1978 amendment to Rule 166-A(c) of the Texas Rules of Civil Procedure, plaintiffs’ failure to file any answer or other response to the motion in the trial court…