Home Sav. Ass'n Service Corp. v. Martinez

I respectfully dissent.

The majority has concluded that this record contains no evidence to support the jury findings that Home Savings:

1) took “advantage of the lack of knowledge, ability, experience, or capacity of [the Martinezes] to a grossly unfair degree”; and

2) “represented to the [Martinezes] that the contract of February 19, 1986, conferred or involved rights, remedies, or obligations it did not have.”

I disagree.

The Texas Supreme Court set out the standard of review in such cases:

In deciding the question of whether there is evidence of probative force to support a jury finding, we…