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OJEDA de TOCA v. WISE

No. C-6717.

748 S.W.2d 449 (1988)

Rocio OJEDA de TOCA, Petitioner, v. William J. WISE and Wise Developments, Inc., Respondents.

Supreme Court of Texas.

April 27, 1988.

Attorney(s) appearing for the Case

Gary L. Crofford and Daryl W. Bailey, Harpold, McDonald, Fitzgerald & Hall, Houston, for petitioner.

Preston L. Dodson, Jack H. Emmott, III, Emmott & Arbuckle, Charles E. Fitch, De Lange, Hudspeth, Pitman & Katz, Houston, for respondents.

KILGARLIN, Justice.

We granted writ in this cause to determine whether imputed notice under the real property recording statutes operates as a defense to a buyer's action for damages arising out of deceptive trade practices. See Tex.Bus. & Com.Code Ann. §§ 17.41-17.63 (Vernon 1987) (hereinafter DTPA). The court of appeals concluded that the imputed notice did operate as a DTPA defense and reversed a trial court judgment favorable to the buyer...

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