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BEACH v. RESOLUTION TRUST CORP.

No. 01-90-00855-CV.

821 S.W.2d 241 (1991)

Kenneth B. BEACH, Appellant v. RESOLUTION, TRUST CORPORATION, as Receiver for American Savings & Loan Association of Brazoria County, Texas, Appellee.

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

Rehearing Denied October 17, 1991.

Attorney(s) appearing for the Case

Callan M. Billingsley, Angleton, for appellant.

James H. Hada, Trial Counsel, Katherine Mcllroy, Shoebotham, P. Alan Sanders, Tyler & Pearson, P.C., Appellate Counsel, Houston, for appellee.

Before COHEN, MIRABAL and HUGHES, JJ.

OPINION

COHEN, Justice.

The primary issue before us is whether the Resolution Trust Corporation may assert on appeal for the first time that it is the holder in due course of a judgment and thus avoid its predecessor's burden to prove that collateral was disposed of in a commercially reasonable manner. We hold that the holder in due course doctrine does not apply to judgments, and that the Resolution Trust Corporation cannot assert that doctrine on appeal...

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