Jim Walter Homes, Inc. v. Gonzalez

Appellant’s complaint that the evidence does not support the award of treble damages is justified.

The actual damage suffered by appellee was $5,000.00. Under § 17.50(b)(1) of DTPA, appellee was entitled to receive an additional award of $2,000.00 (twice that portion of actual damages not exceeding $1,000.00), for a total award of $7,000.00.

In order to be entitled to an award of “three times the amount of actual damages,” appellee had the burden of proving that appellant’s conduct was committed “knowingly.” The majority opinion refers to no testimony which even suggests that the…