Herndon v. First National Bank of Tulia

DODSON, Justice.

Motion on Rehearing

We issued our initial opinion in this case on 18 May 1990. Both parties filed motions for rehearing. On 18 September 1990, we issued another opinion sustaining the Bank’s position that Herndon’s pleadings were insufficient to show that he was a consumer under the Texas Deceptive Trade Practice Act (DTPA). On 3 October 1990, Herndon filed a second motion for rehearing, claiming his challenged pleadings were sufficient to adequately allege that he was a consumer under the act. We agree and withdraw our opinion on rehearing dated 18 September 1990, our initial…