B. Mills Latham, Law Offices of B. Mills Latham, P.c., and Latham and Moss, Petitioners v. Ernest M. Castillo And…

Summary

The Texas Supreme Court held that the Castillos presented sufficient evidence for each element of their Deceptive Trade Practices-Consumer Protection Act (DTPA) claim, remanding that claim for trial, but affirmed the trial court's directed verdicts on the fraudulent misrepresentation and breach of contract claims. The Court emphasized that mental anguish damages are recoverable under the DTPA without proof of economic loss. Justice Owen, concurring in part and dissenting in part, argued that the attorney's conduct was not unconscionable and that no actual damages were shown, and would have affirmed the trial court on all claims.