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WEAVER v. SOUTHWEST NAT. BANK

No. D-0852.

813 S.W.2d 481 (1991)

Owen G. WEAVER and Johnnie N. Weaver, Petitioners, v. SOUTHWEST NATIONAL BANK, Respondent.

Supreme Court of Texas.

Rehearing Overruled September 11, 1991.

Attorney(s) appearing for the Case

Jerry D. Porter, Austin, for petitioners.

Mark S. Cruzcosa, Robert E. Black, Austin, for respondent.

PER CURIAM.

Southwest National Bank brought suit against Owen and Johnnie Weaver to recover a deficiency judgment following the nonjudicial foreclosure sale of two fourplexes. The Weavers counterclaimed, alleging breach of contract, fraud, negligence, breach of fiduciary duty, and violations of the Texas Deceptive Trade Practices Act by the bank. Trial was before a jury, which found that $113,526.46 was still owed to the bank. The jury also found that Southwest had...

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