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HICKS v. FIRST NAT. BANK IN DALHART

No. 07-88-0215-CV.

778 S.W.2d 98 (1989)

Allen Wayne HICKS, Appellant, v. FIRST NATIONAL BANK IN DALHART, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Denied October 11, 1989.

Second Motion for Rehearing Denied November 9, 1989.

Attorney(s) appearing for the Case

Richard C. Naylor, Nickum and Naylor, Amarillo, for appellant.

William A. Cunningham, Davis, Cunningham & Enns, Dalhart, for appellee.

Before REYNOLDS, C.J., and BOYD and POFF, JJ.

POFF, Justice.

This appeal arises out of two underlying cases, Nos. 2882 and 3239, consolidated in the trial court as No. 2882. The first case, original No. 2882, was filed on April 10, 1981, by appellee First National Bank in Dalhart (the "bank") against appellant Allen Wayne Hicks ("Hicks") to recover the balance due on a promissory note. A default judgment was signed more than five years later on May 2, 1986. A writ of execution was issued more than 21 months later...

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