The plaintiff sued the appellants in connection with the construction of a home that they agreed to build for her. The duty allegedly breached by the appellants — to refrain from engaging in or using deceptive trade practices as set out in DTPA §17.50(a)(3) — unconscionable actions or courses of action — was one that, as in Formosa Plastics, arose outside, and existed independently of, the contract. The trial court's judgment is affirmed. Eastland Court of Appeals, No. 11-11-00033-CV, 10-18-2012.
SCS Builders Inc., et al. v. Searcy
Tex. App. Dist. 11
October 22, 2012