Rodriguez v. Jim Walter Homes, Inc.

OPINION

YOUNG, Justice.

Sammy and Mary Rodriguez appeal from a judgment dismissing with prejudice their Consumer Credit Code and Deceptive Trade Practices Act claims against Jim Walter Homes, Inc. Among their points of error is one which contends that the judgment should be reversed because a subsequent appellate review of the defendant’s plea of privilege deprived the trial court of jurisdiction. We agree and reverse.

On December 1,1978, Mr. and Mrs. Rodriguez and several other plaintiffs filed petitions in Nueces County alleging violations of the Consumer Credit Code, Tex. Rev. Civ. Stat. Ann.…