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THOMES v. PORTER

No. 2-87-184-CV.

761 S.W.2d 592 (1988)

Tom D. THOMES, Appellant, v. Shirley PORTER, Executrix of the Estate of Florence M. Kerr, Appellee.

Court of Appeals of Texas, Fort Worth.

December 15, 1988.

Attorney(s) appearing for the Case

Diane M. Wanger, Bedford, for appellant.

Reynolds Shannon Miller Blinn White & Cook and Tim G. Sralla, Fort Worth, for appellee.

Before BURDOCK, JOE SPURLOCK, II and HILL, JJ.

OPINION

JOE SPURLOCK, II, Justice.

This is an appeal from a trial in which the jury awarded appellee, Porter, damages against appellant, Tom D. Thomes, and his brother Dr. Richard J. Thomes. Dr. Richard J. Thomes does not appeal from the judgment below. At issue is whether a cause of action based upon the Texas Deceptive Trade Practices Act (DTPA) in whole or in part survives the death of the original purchaser...

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