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ENGLISH v. FISCHER

No. C-1908.

660 S.W.2d 521 (1983)

Sarah Jane ENGLISH, Petitioner, v. Jerry E. FISCHER, and Alice Ann Fischer, Respondents.

Supreme Court of Texas.

Rehearing Denied December 14, 1983.

Attorney(s) appearing for the Case

Hilgers, Watkins & Kazen, Thomas H. Watkins and David W. Hilgers, Austin, for petitioner.

Harris, Cook & Browning, James R. Harris and J. Norman Thomas, Corpus Christi, for respondents.

WALLACE, Justice.

This is a suit for damages by a homeowner against the mortgagee for failure to turn over the proceeds of a fire insurance policy in order to aid the homeowner in rebuilding after a fire. The trial court rendered judgment for the homeowner and the court of appeals affirmed, 649 S.W.2d 83. We reverse the judgments of the courts below and render judgment for the mortgagee.

Jerry Fischer and wife Alice (Fischer...

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