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STERN v. GIBRALTAR SAV. ASS'N

No. A14-88-00832-CV.

785 S.W.2d 897 (1990)

Ray STERN and Clare Stern, Appellants, v. GIBRALTAR SAVINGS ASSOCIATION, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

February 15, 1990.

Attorney(s) appearing for the Case

Frederick E. Zimring, Dallas, for appellants.

Jeffrey R. Hacker, Richard A. Battaglia and Russell W. Miller, Houston, for appellee.

Before J. CURTISS BROWN, C.J., and JUNELL and DRAUGHN, JJ.

OPINION

JUNELL, Justice.

This is an appeal from summary judgment. The court below granted appellee summary judgment for a deficiency on a promissory note following foreclosure of a secured interest in real estate. We reverse and remand the case for a trial on the merits.

Appellants executed and delivered to appellee a promissory note secured by deed of trust lien on a condominium. Appellants defaulted in payment and appellee accelerated and later...

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