Legal Opinion

William C. Dear & Associates, Inc. v. Plastronics, Inc.

Texas Court of Appeals, 7th District (Amarillo)

Decided January 24, 1996No. 07-94-0155-CVPublishedCited by 22 opinions

1Opinion of the Court

QUINN, Justice.

William C. Dear & Associates, Inc. (Dear) appealed from a final summary judgment awarding Plastronics, Inc. (Plastronics) $9,375.11. The sum consisted of three times the amount of interest charged in excess of that allowed by law, that is, $4,375.11, plus attorney’s fees of $5,000.00. As an additional penalty, the court ordered that Dear “forfeit ... all principal on which interest was charged, $48,612.36, as well as all interests and costs [it] demanded....” In four points of error, Dear contended that it did not charge excessive interest, that the usury statute did not apply…

2Cases cited3 opinions

  1. Bothwell v. Farmers & Merchants State Bank & Trust Co.Texas Supreme Court · 1930
  2. Commercial Credit Equipment Corp. v. West, Texas Court of Appeals, 7th District (Amarillo)1984
  3. Sunwest Bank of El Paso v. Gutierrez, Texas Court of Appeals, 8th District (El Paso)1992

3Cited by22 opinions

  1. Hoxie Implement Co., Inc. v. Baker, Texas Court of Appeals, 7th District (Amarillo)2001
  2. Pentico v. Mad-Wayler, Inc., Texas Court of Appeals, 13th District1998
  3. Walker & Associates Surveying, Inc. v. Roberts, Texas Court of Appeals, 6th District (Texarkana)2010
  4. Strasburger Enterprises, Inc. v. TDGT Limited Partnership, Texas Court of Appeals, 3rd District (Austin)2003
  5. 271 Truck Repair & Parts, Inc. v. First Air Express, Inc. and Allen T. Love, Texas Court of Appeals, 3rd District (Austin)2008

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