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TYGRETT v. UNIVERSITY GARDENS HOME. ASS'N

No. 05-83-01264-CV.

687 S.W.2d 481 (1985)

H.V. TYGRETT, Jr., Independent Executor of the Estate of Howard V. Tygrett, Appellant, v. UNIVERSITY GARDENS HOMEOWNERS' ASSOCIATION, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied March 29, 1985.

Attorney(s) appearing for the Case

R. Gregory Lamb, Dallas, for appellant.

Earl Bentley, Dallas, for appellee.

Before AKIN, SPARLING and WHITHAM, JJ.

SPARLING, Justice.

Appellee, University Gardens Homeowners' Association, sued H.V. Tygrett, appellant, to collect a late payment penalty charge resulting from overdue assessments on Tygrett's condominium. Tygrett counterclaimed for statutory penalties under TEX.REV.CIV.STAT. art. 5069-1.06 (Vernon 1971 & Vernon Supp.1984), contending that the late charge amounted to usurious interest. The Association prevailed in a trial to the court on stipulated facts, and Tygrett...

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