Jim Walter Homes v. Curtis L. Schuenemann Et Ux‪.‬

Curtis and Phyllis Schuenemann brought this suit against Jim Walter Homes, Inc., and its assignee, Mid-State Homes, Inc., alleging that the contract in which Jim Walter Homes agreed to construct a house for the Schuenemanns violated the Texas Deceptive Trade Practices Act, TEX. BUS. & COM. CODE ANN. ? 17.41 et seq. (DTPA) and Chapter 6 of the Texas Consumer Credit Code, TEX. REV. CIV. STAT. ANN. art. 5069-2.01 et seq. (Credit Code). The DTPA claim was settled. The issue presented for decision is whether the acceleration of maturity clauses in the contract call for the collection of unearned time price differential from the Schuenemanns, with the result that Jim Walter Homes contracted for the right to receive a time price differential more than twice that allowed by Chapter 6 of the Credit Code and is thus subject to the penalties set forth in section 8.01 of the Code. The trial court answered this question affirmatively and granted the Schuenemanns motion for summary judgment. Pursuant to sections 8.01 and 8.02 of the Credit Code, the trial court ordered that the Schuenemanns recover from Jim Walter Homes a penalty totaling $64,385.29, as well as attorneys fees of $32,192.64. The court of appeals affirmed. 655 S.W.2d 264. We affirm the judgments of the courts below.