John Wallace Ogden Et Ux. v. Dickinson State Bank

This is a suit by John Wallace Ogden and wife to enjoin the foreclosure of real property by Dickinson State Bank under a power of sale in a builders and mechanics lien contract. The Bank counterclaimed for recovery on the Ogdens promissory note and for foreclosure of the mechanics lien. The Ogdens then amended their petition to allege a violation of the Texas Deceptive Trade Practices Act. Tex. Bus. & Comm. Code Ann. ?? 17.41 to 17.63 (DTPA). The trial court rendered judgment for the Ogdens for treble damages and attorneys fees. The court of appeals reversed the judgment of the trial court and remanded the cause for a new trial. 624 S.W.2d 214. We reverse the judgments of the courts below.