Miller v. Keyser
Texas Supreme Court
90 S.W.3d 712 (2002)
- Written by Robert Cane, JD
Facts
D.B. Interests, Incorporated employed Barry Keyser (defendant) as a real estate sales agent. During his employment, Keyser advised multiple buyers that they were permitted to build fences along the back line of their lots. Keyser genuinely believed fences were permissible. In turn, many buyers constructed fences on the back lot line of their properties. However, the local Flood Drainage District (the district) informed the buyers who had constructed fences that their fences were illegal. The district required that the fences be removed at the expense of each homeowner. David and Lynette Miller and other homeowners (collectively, the fence builders) (plaintiffs) who had constructed fences sued Keyser under Texas’s Deceptive Trade Practices Consumer Protection Act. The trial court entered judgment in favor of the fence builders. Keyser appealed. The court of appeals reversed the trial court’s judgment, finding that Keyser had not acted fraudulently. The fence builders appealed.
Rule of Law
Issue
Holding and Reasoning (Enoch, J.)
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