Eckman v. Centennial Savings Bank

ON MOTION FOR REHEARING

HIGHTOWER, Justice.

Respondent’s motion for rehearing is overruled. The opinion of October 26, 1988 is withdrawn and the following is substituted.

This case under the Deceptive Trade Practices—Consumer Protection Act (DTPA), Tex.Bus. & Com.Code Ann. § 17.41 et seq. (Vernon 1987), involves the issue of whether the plaintiff has the burden to plead and prove the inapplicability of the $25,000,000 exception to business consumer status under section 17.45(4) of the DTPA. A jury returned a verdict in favor of the petitioners, Carl E. Eckman, Jr., James E. Nicholson, M.D., and…