Leonard v. Eskew

I respectfully dissent.

The majority opinion states that the judgment of the trial court “awards ultimately only one form of relief — rescission of the parties’ contract.” However, the pleadings of the plaintiffs clearly set out that this was a suit for securities and real estate fraud, violation of the Deceptive Trade Practices Act, breach of contract, and common law fraud arising out of an oil and gas transaction in 1976. The findings of fact and conclusions of law also clearly set out a violation of §§ 17.46(a) and 17.46(b)(12) of the DTPA. Furthermore damages awarded by the trial court…