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FIRST BANK v. TONY'S TORTILLA FACTORY, INC.

No. D-4093.

877 S.W.2d 285 (1994)

FIRST BANK and Sam J. Brown, Trustee, Petitioners, v. TONY'S TORTILLA FACTORY, INC., Ray Villasana, Betty Villasana, Emma Romero Villasana, Gudelia Villasana Villegas, Henry Villasana, & Esther Wigley, Aurora Villasana Stanley, and Linda Zepeda, Respondents.

Supreme Court of Texas.

Decided May 11, 1994.

Attorney(s) appearing for the Case

Kathleen Walsh Beirne, Griffin & Laser, L.L.P., Houston, for First Bank.

Gregg C. Laswell, Andrews & Kurth, L.L.P., Houston, for Sam J. Brown, Trustee.

Lynn E. Saarinen, Houston, Jimmy Phillips, Jr., Angleton, for respondents.

GONZALEZ, Justice, delivered the opinion of the Court, in which all Justices join.

The issue in this case is whether a bank's fee for checks drawn on an account with insufficient funds ["NSF fee"] constitutes usury. At the conclusion of the plaintiffs' case, the trial court directed a verdict in favor of First Bank on the plaintiffs' usury claim. The court of appeals reversed and remanded the usury cause of action. 857 S.W.2d 580

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