(Download) "William C. Cocke v. Harvey White and Brenda White" by Thirteenth District, Corpus Christi No. 13-84-284-CV Court of Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: William C. Cocke v. Harvey White and Brenda White
- Author : Thirteenth District, Corpus Christi No. 13-84-284-CV Court of Appeals of Texas
- Release Date : January 26, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Opinion ON APPELLANT'S MOTION FOR REHEARING In his motion for rehearing, appellant complains that the pre-1979 Amendments to the Texas Deceptive Trade Practices Act do not apply and therefore it was error to treble the damages in this case. Appellee did not discover the defects in the house until after the effective date of the 1979 amendments. Although appellant correctly states the rule derived from Jim Walter Homes, Inc. v. Castillo, 616 S.W.2d 630 (Tex. Civ. App.--Corpus Christi 1981, no writ), it must be viewed in the proper context. It is true that before a plaintiff discovers the house was not built in a good, substantial, and workmanlike manner he has no cause of action. 616 S.W.2d at 633. However, Cocke involved whether the cause of action was barred by the statute of limitations. The time period for limitation begins to run when the damages actually began to show on the completed house. 616 S.W.2d at 634.