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EMC Mortgage Corp. v. Jones

Sufficient evidence supported the liability and damage findings for unreasonable collection, damages for breach of escrow and exemplary damages. Dallas Court of Appeals, No. 05-06-00419-CV

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OPINION ON REHEARING

Before Justices Morris, Whittington, Richter.

EMC’s motion for rehearing is overruled. On the Court’s own motion, we withdraw this court’s opinion of August 29, 2007 and vacate the judgment of that date. This is now the opinion of the court. EMC Mortgage Corporation (EMC) challenges a jury verdict awarding Mark and Patricia Jones actual and punitive damages for violations of the Deceptive Trade Practices- Consumer Protection Act (“DTPA”), the Texas Debt Collection Practices Act (“DCPA”), common law unreasonable collection efforts, breach of escrow, and negligent misrepresentation. In ten issues, EMC contends there is no evidence to support the jury’s liability and damage findings on these claims. EMC further asserts the trial court abused its discretion when it extended an agreed temporary injunction through appeal. We will vacate the portion of the judgment extending the temporary injunction, affirm in part, reverse and render in part, and remand in part.

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