First National Bank of Kerrville v. Estate of Hackworth

*220OPINION

BUTTS, Justice.

The First National Bank of Kerrville appeals from a judgment following a jury trial in favor, of the estate of Rubelle Hack-worth, and the representatives of the estate, Lena Rabensburg and Mattie Denson. The court trebled actual damages of $53,-480.00 and awarded attorney’s fees as provided by TEX.BUS. & COM.CODE ANN. § 17.50 (Vernon Supp.1982-1983). It further awarded pre-judgment interest trebled. We affirm in part, as reformed, and reverse and render in part.

The evidence established that Rubelle Hackworth, who maintained a checking account with the defendant Bank,…