First National Bank of Irving v. Shockley

OPINION

UTTER, Justice.

This case is before us on writ of error from a default judgment rendered in favor of appellee, H.C. Shockley, and against appellant, First National Bank of Irving (the “bank”), under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), TEX.BUS. & COM.CODE ANN. § 17.41 et seq.

Since 1965, appellee, who operates a masonry business in Irving, Texas, has been a checking account customer of the bank. Appellee and his son, H.C. Shockley, Jr., were the only persons authorized to sign checks on that account. Between September, 1980, and April, 1981, one Gerald…