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BLANCO, INC. v. PORRAS

No. 89-1376.

897 F.2d 788 (1990)

BLANCO, INC., Plaintiff-Appellee, v. I. David PORRAS, Individually, and 1st RepublicBank Dallas, N.A., Defendants-Appellants, and Federal Deposit Insurance Corporation, As Receiver of First RepublicBank Dallas, N.A. and NCNB Texas National Bank, Intervenors-Appellants.

United States Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing May 9, 1990.

Attorney(s) appearing for the Case

Jack Pew, Jr., Jackson & Walker, Dallas, Tex., for 1st Republicbank Dallas, N.A., FDIC and NCNB Texas Nat. Bank.

J. Michael Cunningham, Davis W. Lindemood, Brockett, Cunningham & Bates, Midland, Tex., for I. David Porras.

Stephen I. Adler, Leslie Cain, Barron, Graham & Adler, Austin, Tex., for plaintiff-appellee.

Before WILLIAMS, SMITH, and DUHE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Today we are asked to decide whether plaintiff Blanco, Inc. ("Blanco"), has complied with Texas's statutory requirements for the creation of a mechanics' lien, and, if so, whether it therefore is entitled to a money judgment against a rival lienholder that previously had foreclosed upon the subject property and then purchased it at the foreclosure sale. Concluding that Blanco's lien is valid but that Texas law precludes monetary recovery...

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