Kish v. Van Note

ON MOTION FOR REHEARING

GONZALEZ, Justice.

Our opinion and judgment of February 27,1985 are withdrawn and the following is substituted. The motion for rehearing is granted.

This is an appeal in a suit for damages for violations of the Texas Consumer Credit Code and for treble damages under the Deceptive Trade Practices Act. After a jury trial, the trial court denied recovery under the Consumer Credit Code, allowed a partial recovery under the DTP A, and allowed foreclosure of a lien on the property. In an unpublished opinion, the court of appeals affirmed. We reverse in part the judgments of the…