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FIRST HEIGHTS BANK, FSB v. GUTIERREZ

No. 13-91-366-CV.

852 S.W.2d 596 (1993)

FIRST HEIGHTS BANK, FSB, Appellant, v. Jorge GUTIERREZ, Receiver for Rio Grande Savings and Loan Association, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled May 6, 1993.

Attorney(s) appearing for the Case

Ann S. Duross, Asst. Gen. Counsel, and Colleen B. Bombardier and Maria Beatrice Valdez, F.D.I.C., Washington, DC, amicus curiae.

Ronald A. Piperi, H. Miles Cohn, David C. Holmes, Honigman, Miller, Schwartz & Cohn, Houston, Rene O. Oliveira, Roerig, Oliveira, & Fisher, Brownsville, for appellant.

John B. McFarland, Robert J. Hearon, Jr., Graves, Dougherty, Hearon & Moody, Austin, Reynaldo G. Garza, Jr., Garza & Garza, Brownsville, Michael Diehl, Graves, Dougherty, Hearon & Moody, Austin, for appellee.

Before DORSEY, KENNEDY and FEDERICO G. HINOJOSA, Jr., JJ.

OPINION

DORSEY, Justice.

This case concerns the successors of two failed savings and loan institutions and involves an intricate loan transaction between the failed thrifts. Rio Grande Savings and Loan, the Plaintiff below, contended that a loan made to it by appellant1 was fraudulent and illegal, and that the note evidencing it was void, or, in the alternative, that the loan had been repaid. Appellant proclaimed the validity...

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