Green Tree Financial Corp. v. Garcia

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Green Tree Financial Corp. v. Garcia

Post by David A. Szwak »

Green Tree Financial Corp. v. Garcia,
988 S.W.2d 776, Tex.App.-San Antonio, February 03, 1999 (No. 04-98-00221-CV.)

Finance company filed action against borrowers and borrowers counterclaimed for defamation, violations of the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) and Texas Debt Collection Act, intentional infliction of emotional distress, and usury. After finance company filed non-suit, the 288th Judicial District Court, Bexar County, Frank Montalvo, J., realigned parties and entered judgment in favor of borrowers. Finance company appealed. The Court of Appeals, Hardberger, C.J., held that: (1) failure to give instruction on predicate requirements for imposition of punitive damages against corporation required reversal of punitive damages award; (2) evidence was both legally and factually sufficient to support award for damage to borrowers' character and reputation; and (3) failure to instruct jury on predicate findings required for punitive damages required reversal of entire judgment.
Reversed and remanded.

Before PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, ALMA L. LÓPEZ, Justice.

Green Tree Financial Corp. (“Green Treeâ€
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
Fax 318-221-6555
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