(DOWNLOAD) "Mark T. and Wendy Coppedge v. Colonial Savings & Loan Association" by Fifth District, Dallas Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Mark T. and Wendy Coppedge v. Colonial Savings & Loan Association
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 03, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
Mark and Wendy Coppedge appeal from a summary judgment granted against them on their claim against Colonial Savings & Loan Association to recover for usurious interest charged and received by Colonial. The Coppedges contend that the trial court erred in granting Colonials motion for summary judgment and in overruling theirs because Colonial charged and received usurious interest from the Coppedges. Consequently, they argue that they are entitled to statutory penalties and attorney fees, as well as common-law damages, as a matter of law. We agree with the Coppedges that they were entitled to summary judgment on their claims for statutory usury penalties and remand the cause for determination of proper attorneys fees to be awarded them. We do not agree, however, that they are also entitled to common-law recovery for usury in addition to the statutory penalties. Consequently, we affirm the trial courts judgment as to their common-law cause of action.