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GARCIA v. TEXAS CABLE PARTNERS, L.P.

No. 13-01-646-CV.

114 S.W.3d 561 (2003)

Javier GARCIA, Appellant, v. TEXAS CABLE PARTNERS, L.P., Time Warner, Inc., and Time Warner Telecom of Texas, L.P., Appellees.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Opinion Overruling Rehearing August 29, 2003.

Attorney(s) appearing for the Case

Bryan Powers, Corpus Christi, David A. Furlow, Houston, for Appellant.

Richard D. Milvenan, McGinnis, Lochridge & Kilgore, Austin, for Appellees.

Before Justices HINOJOSA, CASTILLO and DORSEY.

OPINION

Opinion by Justice DORSEY (Assigned).

Javier Garcia, a cable-television subscriber, sued appellees, alleging their assessment of a five-dollar administrative late fee for delinquent payment of his monthly cable bill constituted usury. Appellees moved for summary judgment, asserting the late fee did not constitute usury as a matter of law. The trial court granted summary judgment. The issue is whether the...

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