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GREENLAND VISTAS v. PLANTATION PLACE

No. 2-87-122-CV.

746 S.W.2d 923 (1988)

GREENLAND VISTAS, INC. and Louis M. Stoler, Substitute Trustee, Appellants, v. PLANTATION PLACE ASSOCIATES, LTD., Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied April 6, 1988.

Attorney(s) appearing for the Case

Schlanger, Cook, Cohn, Mills & Grossberg, H. Miles Cohn, Houston, for appellants.

McManemin & Smith, P.C., Patrick F. McManemin, Dallas, for appellee.

Before FENDER, C.J., and JOE SPURLOCK, II and LATTIMORE, JJ.

OPINION

FENDER, Chief Justice.

Appellee Plantation Place Associates, Ltd., plaintiff in the trial court, brought suit against appellants, Greenland Vistas, Inc., and Louis M. Stoler, substitute trustee, to recover penalties for usurious charge of interest pursuant to TEX.REV.CIV. STAT.ANN. art. 5069-1.01 (Vernon 1987) and to enjoin a foreclosure sale. After a non-jury trial, the trial court found that an acceleration and demand made by Greenland Vistas to...

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