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SCHWGER v. TEXAS COMMERCE BANK, N.A.

No. 01-90-00270-CV.

813 S.W.2d 225 (1991)

Bruce B. SCHWAGER, Bette Schwager, B.B.M.M., LTD. and B.M. Bayou Corporation, Appellants, v. TEXAS COMMERCE BANK, N.A., Charles Best, Fred Fallas, Meyer Fallas, Malcolm Marcoe, Harvey Resnick, and William Cramer, Appellees.

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

July 11, 1991.

Attorney(s) appearing for the Case

T. Ransom Carnish, Houston, for appellants.

Joseph D. Cheavens, Neil S. Levin, and Newton B. Schwartz, Houston, for appellees.

Before TREVATHAN, C.J., and DUGGAN and DUNN, JJ.

ORDER

PER CURIAM.

Appellees ask this Court to disqualify appellants' counsel and to strike their brief. The basis of the motion to disqualify is that appellants' counsel testified as a witness during trial and, therefore, he is not qualified to serve as appellate counsel.

This is a case of first impression in Texas. While there are many cases involving whether a lawyer may testify as a witness in a trial where he represents one of the parties, there...

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