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TREETOP APARTMENTS GEN. PART. v. OYSTER

No. 3-90-083-CV.

800 S.W.2d 628 (1990)

TREETOP APARTMENTS GENERAL PARTNERSHIP, Appellant, v. Stephen OYSTER, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled December 12, 1990.

Attorney(s) appearing for the Case

E. Richard Criss, Jr., Austin, for appellant.

Wesley G. Ritchie, Kendall, Randle, Finch & Osborn, Austin, for appellee.

Before GAMMAGE, CARROLL and ABOUSSIE, JJ.

CARROLL, Justice.

The purchaser of an apartment building at foreclosure sale sued the former owner for rents collected before the sale. The trial court granted judgment for the purchaser for a share of the rents and for attorney's fees. We will reverse and render in part, and reverse and remand in part.

BACKGROUND

Treetop Apartments General Partnership asks us in this case to uphold established law regarding a mortgagor's right to rents.

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