DIGBY v. TEXAS BANK

No. 08-96-00234-CV.

943 S.W.2d 914 (1997)

Terry "Bo" DIGBY, Appellant, v. TEXAS BANK, et al., Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled April 23, 1997.


Attorney(s) appearing for the Case

Eric C. Bohnet, Midland, Robert E. White, Childs, Bishop & White Law Offices, Odessa, for Appellant.

Jack Q. Tidwell, McMahan, Tidwell, Hansen, & Atkins, P.C., Odessa, Layton Zant Woodul, Cecil Kuhne, Crenshaw, Dupree & Milam, Lubbock, for Appellee.

Before BARAJAS, C.J., and LARSEN and McCLURE, JJ.


OPINION

McCLURE, Justice.

This is an appeal from a summary judgment granted against Terry "Bo" Digby, plaintiff below and Appellant herein, on his claim of malicious prosecution against Texas Bank and the officers and directors of the Bank, co-defendants below and collectively the Appellee herein. We reverse.

SUMMARY OF THE EVIDENCE

By a security agreement dated October 11, 1989, Digby and his wife obtained a loan for $100,000 from...

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