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CARSTAR COLLISION v. MERCURY FINANCE

No. 01-97-00896-CV.

23 S.W.3d 368 (1999)

CARSTAR COLLISION, INC., d/b/a Carstar Collision and Repair Center, Appellant, v. MERCURY FINANCE COMPANY, Appellee.

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

Publication Ordered July 20, 1999.

Attorney(s) appearing for the Case

James Hugh Westmoreland, Stacy Lynne Keaton, Houston, for Appellant.

Richard L. Abrams, Abrams & Gross, Houston, for Appellee.

Panel consists of Justices MIRABAL, O'CONNOR and NUCHIA.

OPINION

MIRABAL, Justice.

This is an appeal from a post-answer default judgment. We reverse and remand.

Carstar Collision, Inc. and Mercury Finance Company had competing security interests in an automobile. Mercury sued Carstar for possession of the car, and Carstar filed a counterclaim for conversion, alleging Mercury had constructively converted the vehicle by improperly placing a restraint on the title.

The trial court ordered Carstar...

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