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BROWN LEX R. ESTATE v. AMER. NAT. BANK

No. 13-87-047-CV.

736 S.W.2d 205 (1987)

BROWN LEX REAL ESTATE DEVELOPMENT CORPORATION, Appellant, v. AMERICAN NATIONAL BANK-SOUTH, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied September 24, 1987.

Attorney(s) appearing for the Case

Ken E. Mackey, Mackey & Hall, Austin, for appellant.

David J. Demars, Timothy P. Dowling, Gary, Thomasson, Hall & Marks, Corpus Christi, for appellee.

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

OPINION

SEERDEN, Justice.

Appellant contests the trial court's striking of its counterclaim in an action on two promissory notes. The trial court's Docket Control Order set a November 21, 1986, "deadline for amendment of pleadings." Appellant, who had filed an answer, filed a counterclaim on December 2, 1986, three days before trial. Appellee moved to strike on December 3, 1986, and appellant filed a motion for continuance. At a hearing on December 4, 1986...

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