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HERNDON v. FIRST NAT. BANK OF TULIA

No. 07-88-0240-CV.

802 S.W.2d 396 (1991)

Jerry D. HERNDON, Appellant, v. The FIRST NATIONAL BANK OF TULIA, Texas, Appellee.

Court of Appeals of Texas, Amarillo.

Second Motion for Rehearing Sustained January 2, 1991.

Rehearing Overruled January 30, 1991.

Attorney(s) appearing for the Case

John F. Arens, Fayetteville, Ark., Robert Bass, Plainview, and Ralph Brock, Lubbock, for appellant.

Richard Hubbert, Lubbock, for appellee.

Before REYNOLDS, C.J., and DODSON and POFF, JJ.

DODSON, Justice.

Motion on Rehearing

We issued our initial opinion in this case on 18 May 1990. Both parties filed motions for rehearing. On 18 September 1990, we issued another opinion sustaining the Bank's position that Herndon's pleadings were insufficient to show that he was a consumer under the Texas Deceptive Trade Practice Act (DTPA). On 3 October 1990, Herndon filed a second motion for rehearing, claiming his challenged pleadings were sufficient...

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