Chavez v. Aetna Finance Company

The judgment of the court of civil appeals, 558 S.W.2d 174, in remanding the cause for new trial is correct, and accordingly we refuse the application for writ of error, no reversible error.

The applicability of the so-called Rule of 78ths, Tex.Rev.Civ.Stat.Ann. art. 5069-3.-15(6), to the situation of default and acceleration was not directly considered by the lower courts. We express no opinion as to its applicability in the event the question is raised in the second trial.