Thomas v. State

Appellee, the State of Texas, acting through the Consumer Protection Division of the Attorney Generals Office, sued appellants, Ruth C. Thomas and John W. Thomas, d/b/a Tramites Migratorios, for violations of the Notary Public Act ("NPA") and the Deceptive Trade Practices Act ("DTPA"). Specifically, the State alleged that by offering immigration services through their business (Tramites Migratorios) to persons who purchased their services, appellants engaged in the unauthorized practice of law. Following a jury trial, the jury (1) found each appellant had acquired $469,416.50 by means of engaging in an unlawful act or practice; (2) assessed penalties in the amount of $20,000.00 as to each appellant, and (3) awarded attorneys fees to the State in the amount of $22,000.00 as to each appellant. The trial court rendered judgment in the States favor, ordered permanent injunctive relief as to each appellant, and ordered restitution, penalties, and attorneys fees as awarded by the jury. By four issues, appellants contend (1) the trial court erred in admitting evidence of prior misconduct by Ms. Thomas, (2) there is no evidence to support the jurys findings that each appellant acquired $469,416.50 by unlawful means, (3) the trial court erred in ordering restitution without specifically identifying the persons to whom monies were to be paid or the amount due to each recipient, and (4) the court erred in ordering restitution in an amount that includes monies paid earlier than two years prior to the filing of the filing of the States suit. We affirm.