James Rodney Flenniken and Betty Flenniken v. Longview Bank & Trust

Mr. and Mrs. James Flenniken instituted this suit against the Longview Bank & Trust Co. seeking damages for wrongful foreclosure and violation of the Deceptive Trade Practices Act, Tex. Bus. & Com. Code Ann. ? 17.41 et seq. Based on the jurys finding that the Bank engaged in an unconscionable course of action in causing the sale of the Flennikens property, the trial court rendered judgment that the Flennikens recover $25,974 treble damages, attorneys fees, and court costs. The court of appeals reversed the trial courts judgment in part, holding that the Flennikens were not "consumers" and were not entitled to recover treble damages or attorneys fees under the DTPA. 642 S.W.2d 568. We reverse the judgment of the court of appeals and affirm the judgment of the trial court.