Gallas v. Car Biz, Inc.

I respectfully dissent. Gallas obtained favorable jury findings under the Texas Business and Commerce Code (the Code). The trial court granted Car Biz, Inc. judgment notwithstanding the verdict under the legal theory that the Certificate of Title Act (the Act) controlled. The majority affirms the trial court in giving controlling weight to the Act over the Code. The Act states the Code is controlling in instances where the Code and the Act conflict. The express language *596of sections 2.401, 2.403(a), and 2.403(b) of the Code should entitle Gallas to recover based upon the application of the…