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CLARK v. FIRST NAT. BANK OF HIGHLANDS

No. 01-89-00833-CV.

794 S.W.2d 953 (1990)

W. Floyd CLARK and Edith Clark, Appellants, v. FIRST NATIONAL BANK OF HIGHLANDS, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

August 23, 1990.

Attorney(s) appearing for the Case

Chris E. Ryman, Nancy J. Hesse-Harmen, Houston, for appellants.

Sally A. Jones, Donna S. Heinlein, Houston, for appellee.

Before EVANS, C.J., and MIRABAL and DUGGAN, JJ.

DUGGAN, Justice.

This is an appeal from a take-nothing summary judgment in a debtors' suit against a bank for wrongful retention of collateral following the debtors' default on the underlying promissory note.

On December 17, 1986, appellants, W. Floyd Clark and Edith Clark ("the Clarks"), executed and delivered a real estate lien note (the "original note") payable to appellee, First National Bank of Highlands (...

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