Barraza v. Koliba

ON APPELLEE’S MOTION FOR REHEARING

GREEN, Justice.

This Court’s era banc opinion issued April 24, 1996 is withdrawn and the following era banc opinion is substituted.

This is an appeal of a take-nothing judgment on DTPA and breach of warranty counterclaims, and the award of attorney’s fees against the Barraza brothers. The Barrazas complain the trial court erred by refusing to apply section 16.069 of the Civil Practices and Remedies Code to extend the Deceptive Trade Practices Act (“DTPA”) statute of limitations within which time their counterclaim may be brought. Additionally, the Barrazas…