BLUEBONNET SAV. BANK v. GRAYRIDGE APT. HOMES

No. 01-94-00243-CV.

907 S.W.2d 904 (1995)

BLUEBONNET SAVINGS BANK, F.S.B., Appellant, v. GRAYRIDGE APARTMENT HOMES, INC. and John J. Harry, Appellees.

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

Rehearing Overruled October 26, 1995.


Attorney(s) appearing for the Case

John A. Gilliam, David B. Dyer & Scot F. Rogers, Houston, for appellant.

Valorie W. Davenport, Houston, for appellees.

Before COHEN, WILSON and HEDGES, JJ.


OPINION

COHEN, Justice.

Appellant sought a deficiency judgment after it foreclosed its deed of trust on the Grayridge Apartments. The underlying promissory note was made by appellee Grayridge and was guaranteed by appellee Harry. The jury found that Bluebonnet was estopped from asserting its deficiency claim, and that its rights were both waived and barred by laches. On appellees' counterclaim, the jury found that Bluebonnet was grossly negligent in misrepresenting...

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