Lon Smith & Associates, Inc. and A-1 Systems, Inc., D/B/A Lon Smith Roofing and Construction v. Joe Key and Stacci Key

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-15-00328-CV
Lon Smith & Associates, Inc. and § From the 236th District Court
A-1 Systems, Inc., d/b/a Lon Smith
Roofing and Construction § of Tarrant County (236-267881-13)
v. § August 3, 2017
Joe Key and Stacci Key § Opinion by Justice Walker
JUDGMENT
This court has considered the record on appeal in this case and holds that
there was error in part of the trial court’s October 15, 2015 class certification
order. It is ordered that the class certification order of the trial court is affirmed in
part and reversed in part. We affirm that portion of the trial court’s class
certification order that certifies for class treatment the Keys’ declaratory-judgment
claim and the Keys’ DTPA claim based on section 17.50(a)(4) (Violation of
Chapter 541 of the Texas Insurance Code). We reverse that portion of the trial
court’s class certification order that certifies for class treatment the Keys’ DTPA
claim based on section 17.50(a)(3) (Unconscionability). We remand this cause
to the trial court: (1) with instructions to decertify the DTPA section 17.50(a)(3)
(Unconscionability) claim, and (2) for further class proceedings.
It is further ordered that all parties shall bear their own costs of this appeal,
for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By __/s/ Sue Walker _____________
Justice Sue Walker