Black Bull Towing, LLC and 5620 TX Lincoln Arlington, LLC D/B/A Whispering Woods v. Pete E. Ybarra

Opinion

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-14-00227-CV

Black Bull Towing, LLC and 5620 TX § From County Court at Law No. 1 Lincoln Arlington, LLC d/b/a Whispering Woods § of Tarrant County (2013-004651-1)

v. § June 11, 2015 Pete E. Ybarra § Opinion by Justice Dixon W. Holman

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 judgment. It is ordered that the judgment of the trial court is affirmed in part and reversed in part. We affirm the trial court’s summary judgment for Pete E. Ybarra on his Towing and Booting Act claims based on a violation of the signage requirements of sections 2308.301 and .302 of the Act. But we reverse the trial court’s award of $1,000 plus triple the amount of towing charges for each tow, and we remand the case for further proceedings on Pete E. Ybarra’s claim for increased statutory damages under section 2308.404(c).

It is further ordered that Black Bull Towing, LLC, 5620 TX Lincoln Arlington, LLC d/b/a Whispering Woods, and Pete E. Ybarra shall bear their own costs of appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Dixon W. Holman

Justice Dixon W. Holman