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Houston Livestock Show and Rodeo, Inc. v. Hamrick

Court of Appeals of Texas
125 S.W. 3d 555 (2003)


Facts

Houston Livestock Show and Rodeo, Inc. (Livestock Show) (defendant) operated a livestock show in which school-aged children supervised by their parents entered farm animals. T.L. Hamrick, two other children, and their respective parents (plaintiffs) were among those who entered animals. All child and parent entrants signed forms giving Livestock Show the right to test their animals for drugs. The entrants also signed forms stating that they would abide by the Livestock Show rules and that they did not give their animals unauthorized drugs. Livestock Show subsequently tested the plaintiffs’ animals and determined that the animals tested positive for illegal drugs. As a result, Livestock Show disqualified the plaintiffs and banned them from participating in any future shows. The plaintiffs sued Livestock Show, alleging that Livestock Show had violated provisions of the Texas Deceptive Trade Practices Act (DTPA). At trial, the jury found in favor of the plaintiffs. Livestock Show appealed, arguing that the parent-plaintiffs were not consumers under the DTPA and therefore could not properly bring an action under the DTPA. The trial court was not persuaded by this argument and found in favor of the plaintiffs. Livestock Show appealed.

Rule of Law

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Issue

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Holding and Reasoning (Yeakel, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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