[DOWNLOAD] "Frank Meece v. Bob Moerbe" by The Supreme Court of Texas NO. C-919 * eBook PDF Kindle ePub Free

eBook details

Title: Frank Meece v. Bob Moerbe
Author : The Supreme Court of Texas NO. C-919
Release Date : January 28, 1982
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

Robert M. Campbell, Justice This is an appeal of a bill of review proceeding. The only question is whether article 5069-1.06(2)1 authorizes an award of attorneys' fees to the bill of review defendant, Frank Meece. We hold Meece is entitled to his attorneys' fees. Bob Moerbe, d/b/a Bob's Air Conditioning, originally filed suit against Meece alleging an unpaid balance on charges for repairing an air conditioning system. Meece counterclaimed alleging the 1-1/2% per month interest charge for late payment assessed by Moerbe was usurious. The jury found for Moerbe on all issues. However, the trial court held as a matter of law that Meece had established his counterclaim for usury. Under article 5069-1.06(2), judgment was rendered that Moerbe take nothing and that Meece receive penalties and attorneys' fees. These attorneys' fees are not contested.