Thomes v. Porter

OPINION

JOE SPURLOCK, II, Justice.

This is an appeal from a trial in which the jury awarded appellee, Porter, damages against appellant, Tom D. Thornes, and his brother Dr. Richard J. Thornes. Dr. Richard J. Thornes does not appeal from the judgment below. At issue is whether a cause of action based upon the Texas De ceptive Trade Practices Act (DTPA) in whole or in part survives the death of the original purchaser and inures to the executor of the estate.

We affirm.

This suit was initiated by Shirley Porter, as executrix of the estate of Florence Kerr. Kerr was an elderly widow who purchased the…