Tony's Tortilla Factory, Inc. v. First Bank

OPINION

O’CONNOR, Justice.

Can a bank’s service charge for an overdraft constitute a usurious rate of interest? We hold that the issue should have been submitted to the jury. We reverse and remand the appellants’ usury cause of action against the appellee, First Bank, for trial.

Was it error for the trial court to strike the plea in intervention? We hold that it was, and reverse and remand for trial all the intervenors’ causes of action against the appellees, First Bank and Sam Brown.

This is an appeal from a final judgment that granted (1) a directed verdict at the conclusion of the plaintiffs’…