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CHALE GARZA INVESTMENTS, INC. v. MADARIA

No. 04-95-00392-CV.

931 S.W.2d 597 (1996)

CHALE GARZA INVESTMENTS, INC. and Marcelino Mares, Appellants, v. Alberto Cabezut MADARIA; Arturo Cabezut Madaria; and Berkeley Federal Bank & Trust, F.S.B. f/k/a First State Savings Bank (of Delaware), Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled July 19, 1996.

Attorney(s) appearing for the Case

Roger C. Rocha, Laredo, for appellants.

Alberto Alarcon, Hall, Quintanilla & Alarcon, Laredo, Clay A. Cornett, Barrett Burke Wilson Castle Daffin & Frappier, Houston, for appellees.

Before RICKHOFF, HARDBERGER and DUNCAN, JJ.

OPINION

RICKHOFF, Justice.

This appeal arises out of a wrongful foreclosure action. Summary judgment was granted in favor of appellees Alberto Cabezut Madaria and Arturo Cabezut Madaria (the "Madarias"). In four points of error, appellants challenge the summary judgment contending: (1) the summary judgment was improperly based on an agreement to which appellants did not consent; (2) the summary judgment was improperly...

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