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

No. 01-91-00226-CV.

857 S.W.2d 580 (1993)

TONY'S TORTILLA FACTORY, INC., Ray Villasana, Betty Villasana, Emma Romero Villasana, Gudelia Villasana Villegas, and Henry Villasana, Appellants, and Mary Esther Villasana Wigley, Aurora Villasana Stanley, and Linda Villasana Zepeda, Appellants/Intervenors, v. FIRST BANK and Sam J. Brown, Trustee, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied July 8, 1993.

Attorney(s) appearing for the Case

Lynn E. Saarinen, Greg Laswell, Houston, Jimmie Phillips, Jr., Angelton, for appellants.

Linda J. Cole, Alvin Laser, Gregg C. Laswell, Houston, for appellees.

Before SAM BASS, MIRABAL and O'CONNOR, JJ.

OPINION

O'CONNOR, Justice.

Can a bank's service charge for an overdraft constitute a usurious rate of interest? We hold that the issue should have been submitted to the jury. We reverse and remand the appellants' usury cause of action against the appellee, First Bank, for trial.

Was it error for the trial court to strike the plea in intervention? We hold that it was, and reverse and remand for trial all the intervenors' causes of action against the...

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