Legal Opinion

Brown v. Henderson

Texas Court of Appeals, 13th District

Decided October 17, 1996No. 13-95-532-CVPublishedCited by 15 opinions

1Opinion of the Court

OPINION

RODRIGUEZ, Justice.

Appellant, Billy Brown, appeals the dismissal of his suit against Hershell Henderson. A county court at law dismissed the claim, brought under the Texas Deceptive Trade Practices — Consumer Protection Act (“DTPA”), on the basis that it was barred by res judicata. The same claim had been litigated in a justice of the peace court. Brown challenges the dismissal by a single point of error. We affirm.

BACKGROUND

Brown’s claim arises from automobile repair services rendered by Henderson, which Henderson estimated would cost Brown $50 but actually totalled $620.70. Brown…

2Cases cited15 opinions

  1. Federal Express Corp. v. DutschmannTexas Supreme Court · 1993
  2. Weitzel v. BarnesTexas Supreme Court · 1985
  3. A & T CONSULTANTS, INC. v. SharpTexas Supreme Court · 1995
  4. Jeanes v. HendersonTexas Supreme Court · 1985
  5. Gracia v. RC Cola-7-Up Bottling Co.Texas Supreme Court · 1984

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3Cited by15 opinions

  1. Harrill v. A.J.'s Wrecker Service, Inc., Texas Court of Appeals, 5th District (Dallas)2000
  2. Houtex Ready Mix Concrete & Materials v. Eagle Construction & Environmental Services, L.P., Texas Court of Appeals, 1st District (Houston)2006
  3. Exxon Corp. v. Miesch, Texas Court of Appeals, 13th District2005
  4. Kizer v. Meyer, Lytton, Alen & Whitaker, Inc., Texas Court of Appeals, 3rd District (Austin)2007
  5. Exxon Corporation v. Laurie T. Miesch, Texas Court of Appeals, 13th District2005

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