Kinerd v. Colonial Leasing Co.

OPINION ON REHEARING

PHILLIPS, Chief Justice.

We grant the motion for rehearing, withdraw our prior opinion and judgment, and substitute the following.

This case involves an action for damages under both the usury statutes, Tex.Rev.Civ.Stat.Ann. arts. 5069-1.01 to -1.12 (Vernon 1987), and the Deceptive Trade Practices — Consumer Protection Act, Tex.Bus. & Com.Code Ann. §§ 17.41-63 (Vernon 1987) (the “DTPA”). After a jury trial, the trial court rendered judgment for the plaintiff awarding separate damages for each theory of recovery. The court of appeals reversed and rendered judgment that the…