Hines v. Evergreen Cemetery Ass'n

OPINION

CORNELIUS, Chief Justice.

Appellants Doris Hines, Dana Boren, and Robert Guffey appeal from a trial court judgment dismissing their suit against Evergreen Cemetery Association based on alleged violations of the Deceptive Trade Practices Act. 1 The issue is whether the appellants’ pleadings show as a matter of law that they are not “consumers” for the purposes of the DTPA.

The following factual history is based on appellants’ pleadings which, due to the procedural nature of this case, as noted below, are taken to be true. On June 10, 1991, William Robert Guffey, appellants’ father, died.…