Legal Opinion

Garcia v. Texas Cable Partners, L.P.

Texas Court of Appeals, 13th District

Decided August 29, 2003No. 13-01-646-CVPublishedCited by 6 opinions

1Opinion of the Court

OPINION

Opinion by Justice DORSEY (Assigned).

Javier Garcia, a cable-television subscriber, sued appellees, alleging their assessment of a five-dollar administrative late fee for delinquent payment of his monthly cable bill constituted usury. Ap-pellees moved for summary judgment, asserting the late fee did not constitute usury as a matter of law. The trial court granted summary judgment. The issue is *563whether the late fee amounts to usury under the Texas Finance Code. We affirm.

I. Background

Javier Garcia entered into a consumer lease with Time Warner Communications covering cable equipment for…

2Cases cited15 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
  3. Science Spectrum, Inc. v. MartinezTexas Supreme Court · 1997
  4. Stedman v. Georgetown Savings & Loan Ass'nTexas Supreme Court · 1979
  5. Steves Sash & Door Co. v. Ceco Corp.Texas Supreme Court · 1988

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3Cited by6 opinions

  1. Allen Dale Schmitgen and Rosie A. F. Schmitgen v. Servis One, Inc., D/B/A BSI Financial Services, Inc., and Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust as Owner and Trustee of the Residential Credit Opportunities Trust II, Texas Court of Appeals, 13th District2022
  2. Frank F. Starr v. Henry Dart, Texas Court of Appeals, 14th District (Houston)2008
  3. Garcia v. Texas Cable Partners, L.P., Texas Court of Appeals, 13th District2003
  4. Integ Corporation and Godfrey Garza Jr. v. Hidalgo County Drainage District No. 1, Texas Court of Appeals, 13th District2019
  5. Manuel Gallardo, Jr. and Michael P. O'brien v. Tci Cablevision of Texas Inc. and At&t Corporation, Texas Court of Appeals, 13th District2004

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