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PORTLAND SAV. & LOAN ASS'N v. BERNSTEIN

No. 13-83-511-CV.

693 S.W.2d 478 (1984)

PORTLAND SAVINGS & LOAN ASSOCIATION, Appellant, v. Sidney T. BERNSTEIN and Zayle A. Bernstein, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied February 21, 1984.

Second Rehearing Overruled March 14, 1985.

Attorney(s) appearing for the Case

James R. Harris, Harris, Cook & Browning, Corpus Christi, for appellant.

Ted B. Roberts, Meredith & Donnell, Corpus Christi, for appellant.

Before NYE, C.J., and KENNEDY and SEERDEN, JJ.

OPINION

KENNEDY, Justice.

This is an appeal from an order sustaining appellees' special appearance entered pursuant to TEX.R.CIV.P. 120a. We reverse and remand for a trial on the merits.

The issues in this case are (1) whether appellees, by their involving the powers of the trial court, consented to the jurisdiction of that court, (2) whether the trial court acquired, by virtue of Tex.Rev.Civ.Stat. Ann. art. 2031b (Vernon 1964), in personam

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