Hoxie Implement Co., Inc. v. Baker

ON MOTION FOR REHEARING

Pending before the court are the motions for rehearing filed by Hoxie Implement Co., Inc. and Jim Baker. We grant, in part, that of Hoxie for the reasons which follow and overrule that of Baker.

Motion for Rehearing of Hoxie

Hoxie believes we erred in concluding that it waived its claim that the transaction upon which the claim of usury was founded involved something other than an absolute obligation to pay a debt.1 We agree for several reasons.

First, Rule 33.1 of the Texas Rules of Appellate Procedure obligates litigants to preserve their objections through presentation…