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MARTIN v. McKEE REALTORS, INC.

No. C-2252.

663 S.W.2d 446 (1984)

Larry MARTIN et ux., Petitioners, v. McKEE REALTORS, INC. et al., Respondents.

Supreme Court of Texas.

January 25, 1984.

Attorney(s) appearing for the Case

Ruth E. Brock, Lewisville, for petitioners.

Thomas A. Giltner, Dallas, for respondents.

McGEE, Justice.

We must determine whether a plaintiff's failure to request a special issue regarding discretionary damages under section 17.50(b)(1) of the Deceptive Trade Practices Act amounted to a waiver of recovery of such damages. The trial court rendered judgment against McKee Realtors, Inc., Jean Rush, and Ruby Lyons, (McKee), for $2,800 actual damages, $2,000 statutory damages, and $3,500 attorney's fees. The court also awarded $5,400 discretionary damages...

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