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LATHAM v. CASTILLO

No. 96-0986.

972 S.W.2d 66 (1998)

B. Mills LATHAM, Law Offices of B. Mills Latham, P.C., and Latham and Moss, Petitioners, v. Ernest M. CASTILLO and Audona A. Castillo, individually and as representatives of the Estate of Kay Castillo, deceased, Respondents.

Supreme Court of Texas.

Decided June 23, 1998.

Rehearing Overruled August 25, 1998.

Attorney(s) appearing for the Case

Deborah R. Sunderman, Corpus Christi, Gaston M. Broyles, Jr., Dallas, for Petitioners.

John Gano, Stephen M. Gano, Houston, Errlinda M. Castillo, Corpus Christi, for Respondents.

SPECTOR, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, Baker, Abbott and Hankinson, Justices, join.

In this case, we consider whether an attorney's affirmative misrepresentations to his clients that cause the clients to lose their day in court can constitute unconscionable action under the Deceptive Trade Practices-Consumer Protection Act. The court of appeals answered in the affirmative. We affirm the court of appeals' remand of the...

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