Anthony Industries, Inc. v. Ragsdale

OPINION ON REHEARING

JORDAN, Justice.

We hereby withdraw our opinion of July 22, 1982 and substitute the following opinion:

In a suit for damages under Tex.Bus. & Comm.Code Ann. § 17.46(b)(7) and 17.50 (Supp.1978) for alleged deceptive practices by appellant Anthony Pools, appellees recovered a judgment for $3,300.00 actual damages, trebled, plus a stipulated sum of $155.56, plus attorneys’ fees. Anthony, in a limited appeal under Tex.R.Civ.P. 353, appeals primarily on the ground that the Deceptive Trade Practices Act does not apply to this case.

Affirmed in part and reversed in part.

The…