Summary
In Stephens, Owen, as co-counsel for the Stephenses, acknowledged that Bledsoe was dispositive of the question of whether a dealer violates the Texas Finance Code when it includes financed negative equity in the stated cash price for a vehicle.
Summary of this case from Owen v. Jim Allee Imports, Inc.Opinion
No. 05-08-00881-CV
Opinion Filed October 22, 2009.
On Appeal from the County Court at Law No. 1, Dallas County, Texas, Trial Court Cause No. CC-03-05590-A.
Before Justices O'NEILL, FRANCIS, and LANG.
MEMORANDUM OPINION
Gary Stephens and Claudia Stephens appeal the trial court's judgment, which ordered that they take nothing in their suit against Friendly Chevrolet, Ltd., claiming violations of the Texas Finance Code. The facts are known to the parties, so we do not recite them here. We issue this memorandum opinion because the issues in this appeal are settled. See Tex. R. App. P. 47.4.
The judgment spells Mr. Stephens' first name as "Garry." However, all other pleadings and documents in the record spell his name with one "r."
In two issues, the Stephenses argue the trial court erred when it concluded: (1) a lender does not violate the Texas Finance Code when it includes financed negative equity in the stated cash price of a retail installment contract for a vehicle; and (2) federal law does not preempt their Texas cash price claim. This Court addressed the arguments raised by the Stephenses' in Bledsoe Dodge, L.L.C. v. Kuberski, 279 S.W.3d 839 (Tex. App.-Dallas 2009, no pet.). In their reply brief, the Stephenses acknowledge Kuberski is dispositive, but urge that it was wrongly decided and should not be followed in this case. We decline to revisit this issue.
Based on the reasoning in Kuberski, we conclude the trial court did not err. The trial court's judgment is affirmed.