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HIGGINBOTHAM v. COLLATERAL PROTECTION

No. 01-92-00805-CV.

859 S.W.2d 487 (1993)

H.W. HIGGINBOTHAM and Merle Lynette Higginbotham, Appellants, v. COLLATERAL PROTECTION, INC., Appellee.

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

Rehearing Denied August 19, 1993.

Attorney(s) appearing for the Case

David B. Lobingier, Fort Worth, for appellants.

E.M. Schulze, Jr., Huntsville, for appellee.

Before COHEN, JACKSON B. SMITH, Jr. and O'CONNOR, JJ.

OPINION

O'CONNOR, Justice.

The issue in this case is whether the court erred in denying a motion for continuance. We hold it did and reverse.

Fact summary

This is a contract suit by Collateral Protection, Inc. (plaintiff), filed as a declaratory judgment action against H.W. and Merle Higginbotham (defendants), who filed a counterclaim to recover on the same contract. This suit was filed in 1990 in the district court of Walker County, located...

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