OPINION
MALONEY, Justice.
Clifford and Joyce Hoelscher appeal both the interlocutory summary judgment and the final judgment entered by the trial court. In a single point of error, the Hoelschers contend the district court lacked subject matter jurisdiction. In two cross-points, GFH Financial Services, Inc. contends the trial court erred in: (1) entering an interlocutory judgment without prejudice to the Hoelschers' counterclaim; and (2) awarding attorney's fees to the Hoelschers. We affirm in part and reverse and remand in part.
PROCEDURAL BACKGROUND
GFH sued the Hoelschers for breach of an agricultural equipment lease on November 28,1988. The Hoelschers filed a general denial. GFH then moved for summary judgment. The Hoelschers did not respond to GFH's motion. Instead, the Hoelschers filed an amended answer that added a counterclaim alleging that GFH violated section 17.46(b)(22) of the Deceptive Trade Practices Act (the Act) by filing suit in Dallas County.
SUBJECT MATTER JURISDICTION
In a single point of error, the Hoelschers contend the district court lacked subject matter jurisdiction. They assert that section 17.46(b)(22) of the Deceptive Trade Practices Act is a jurisdictional provision. They maintain the section must be jurisdictional because "if a deceptive act is by the legislature declared to be unlawful, the same legislature could not intend to bestow upon the courts the power to assist in, aid in, or continue an unlawful act." In response, GFH argues the section "is a venue right to be sued in a particular county which can be asserted by a consumer." We hold that section 17.46(b)(22) is neither a jurisdictional statute nor a venue statute.
Section 17.46(b)(22) provides:
Tex.Bus. 17.46(b)(22) (Vernon 1987). Section 17.46(b) provides a remedy at law for damages incurred because of a deceptive act. Cf. Smith v. Baldwin, 611 S.W.2d 611, 616 (Tex.1980) (primary purpose of the Deceptive Trade Practices Act was to provide a cause of action for deceptive trade practices); Vargas v. Allied Fin. Co., 545 S.W.2d 231, 234 (Tex.Civ.App.—Tyler 1976, writ ref'd n.r.e.) (discussing the relationship of a former venue statute to an earlier version of the Act). It is a laundry list of deceptive acts. The cases so holding are legion. E.g., Melody Home Mfg. Co. v. Barnes, 741 S.W.2d 349, 358 (Tex.1987); Lee v. Safemate Life Ins. Co., 737 S.W.2d 84, 86 (Tex.App.—El Paso 1987, writ dism'd).
The Hoelschers also contend that if this Court construes the section as anything other than a jurisdictional provision we will render sections 17.42, 17.47, and 17.50(b)(2) of the Act meaningless. We cannot comprehend how a legislative listing of causes of action could negate other sections of the Act. Each of the Hoelschers' arguments are without merit. We overrule their point of error.
INTERLOCUTORY JUDGMENT 12] In its first cross-point, GFH contends the trial court erred in entering an interlocutory summary judgment without prejudice to the Hoelschers' counterclaim.2 They argue that the counterclaim was filed in violation of rule 63 of the Texas Rules of Civil Procedure. At the time in question, rule 63 provided:
Tex.R.Civ.P. 63 (Vernon 1979).
GFH contends the Hoelschers filed their amended answer and counterclaim within seven days of the date of trial without leave of the court. If the Hoelschers filed their amended answer less than seven days before trial, leave of the court was required. Id.
We liberally construe rule 63. Lee v. Key West Towers, Inc., 783 S.W.2d 586, 588 (Tex.1989). We presume the court granted leave to file unless the record
The trial court granted an interlocutory summary judgment. That judgment stated that it was rendered without prejudice to the Hoelschers' counterclaim. The court then heard the counterclaim and rendered judgment in favor of the Hoelschers. When the trial judge allowed appellants to proceed on their amended cause of action, the court granted leave to file. Further, GFH has not shown surprise or prejudice. We overrule GFH's first cross-point.
ATTORNEY'S FEES
In its second cross-point, GFH contends the trial court erred in taking judicial notice of the reasonableness of the attorney's fees awarded to the Hoelschers. This Court has previously determined that the trial court cannot take judicial notice of attorney's fees awarded under the Act. Smith v. Smith, 757 S.W.2d 422, 425 (Tex. App.—Dallas 1988, writ denied). The reasonableness of the attorney's fees must be established by competent evidence. Id.
The final judgment in this cause reflects that "the Court examined the pleadings and proceeded to receive the evidence on Defendants' Counterclaim and the issue of attorney's fees to be awarded to Plaintiff." (Emphasis added.) The judgment then states that "the Court will take judicial notice of a reasonable attorney's fee for a cause of action brought pursuant to section 17.41, et seq., of the Texas Business and Commerce Code [the Deceptive Trade Practices Act]." We conclude that the trial court did not consider any competent evidence about the reasonableness of the Hoelchers' attorney's fees. We sustain GFH's second cross-point.
We reverse that part of the trial court's judgment pertaining to the Hoelchers' attorney's fees. We remand the cause for a new trial to determine the amount of reasonable attorney's fees. Smith, 757 S.W.2d at 426. In all other respects, we affirm the trial court's judgment.
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