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VAIL v. FIRST GIBRALTAR BANK FSB

No. 05-93-00055-CV.

859 S.W.2d 425 (1993)

Horace E. VAIL and Kathryn Vail, Appellants, v. FIRST GIBRALTAR BANK FSB, BSB Realty, Inc., and Bern Mortberg, Appellees.

Court of Appeals of Texas, Dallas.

Reconsideration Denied June 29, 1993.

Attorney(s) appearing for the Case

Randy Roberts, Blalack & Williams, P.C., Irving, for appellants.

Marigny A. Lanier, Riddle & Brown, Charles C. Frederiksen, Haynes & Boone, Jacob M. Gold, Norman A. Zable, P.C., Dallas, for appellees.

Before McGARRY, C.J., and ROSENBERG and MORRIS, JJ.

PRESUBMISSION OPINION ON MOTION TO DISMISS

McGARRY, Chief Justice.

Horace and Kathryn Vail appeal from a adverse judgment for First Gibraltar Bank FSB, BSB Realty, Inc. and Bern Mortberg. To perfect their appeal, the Vails elected to make a cash deposit in lieu of a surety bond. See Tex.R.App.P. 46(b), 48. The clerk thereupon filed his certificate showing that the deposit had been made. Tex. R.App.P. 46(b). However, the clerk's certificate omitted...

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