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  5. 988 S.W.2d 418 (1999)
 

ROBERT JOSEPH PHILLIPS LIV. TRUST v. SCURRY

No. 11-97-00413-CV.

988 S.W.2d 418 (1999)

ROBERT JOSEPH PHILLIPS LIVING TRUST et al., Appellants, v. Evelyn SCURRY, Appellee.

Court of Appeals of Texas, Eastland.

March 18, 1999.

Attorney(s) appearing for the Case

Stuart Evan Glass, Weiner, Glass & Reed PC, Attorneys at Law, Dallas, for appellant.

Robert K. Frisch, Johnson & Steinberg PC, Attorneys at Law, Lawrence S. Fischman, Attorney at Law, Dallas, for appellee.

Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCLOUD, Senior Justice

OPINION

AUSTIN McCLOUD, Senior Justice (Retired).

Robert Joseph Phillips, in his individual capacity and as trustee of the Robert Joseph Phillips Living Trust (Phillips), appeals the trial court's granting of Evelyn Scurry's (Scurry) motion for summary judgment and the denial of Phillips' motion for summary judgment. The trial court held that a promissory note given to Phillips by Scurry was usurious and awarded...

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