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, affirming the appellate court's remand for a new trial on that claim, while reversing and rendering judgment that the Castillos take nothing on their fraudulent misrepresentation and breach of contract claims. Justice Owen, concurring in part and dissenting in part, argued that the attorney's conduct was not unconscionable under the DTPA and that no actual damages were shown.