To clarify my answer, in an appropriate case, a court in another case might accept the repair company's argument that custom and usage in the industry that authorizes repair companies to charge storage fees. I point out that the Appellate Court decision is not a holding of the Supreme Court of Texas because the case was never appealed to the Supreme Court of Texas. Therefore, we do not know if it would have been affirmed on appeal.
John R. Bonica Banking Law Attorney
Posted over 13 years ago.
To clarify my answer, in an appropriate case, a court in another case might accept the repair company's argument that custom and usage in the industry that authorizes repair companies to charge storage fees. I point out that the Appellate Court decision is not a holding of the Supreme Court of Texas because the case was never appealed to the Supreme Court of Texas. Therefore, we do not know if it would have been affirmed on appeal.