ATHARI v. HUTCHESON

No. C-9211.

801 S.W.2d 896 (1991)

M. ATHARI, M.D, Petitioner, v. Margaret E. HUTCHESON and Opal Remy, Respondents.

Supreme Court of Texas.

January 16, 1991.


Attorney(s) appearing for the Case

R.A. Eichelberger, Baytown, for petitioner.

Frank A. Hale, Ed Wheeler, Pasadena, for respondents.


PER CURIAM.

This application presents the question whether the maker of a promissory note expressly waived his separate rights to presentment, notice of intent to accelerate and notice of acceleration upon default. Because the waiver provision at issue did not clearly and unequivocally waive notice of the holders' intent to accelerate the note, we grant Athari's motion for rehearing and reverse the judgment of the court of appeals.

In 1984, Athari executed...

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