Frank J. Pagel v. Richard Whatley D/B/A Whatley Flying Service

NUMBER 13-00-753-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

FRANK J. PAGEL, Appellant,

v.

RICHARD WHATLEY

D/B/A WHATLEY FLYING SERVICE, Appellee.

On appeal from the County Court at Law

of Calhoun County, Texas.

DISSENTING OPINION ON

MOTION FOR REHEARING EN BANC

Before the Court En Banc

Dissenting Opinion by Justice Dorsey

I believe the panel erred in determining that Whatley gave Pagel the required statutory written notice of his usury violation. The notice is required in order to maintain the statutory defense to usury. Whatley merely attached to his petition a note that he, Whatley,…