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KEY v. PIERCE

No. 2-98-165-CV.

8 S.W.3d 704 (1999)

Kevin KEY, Federal Home Loan Mortgage Corporation, Dallas-Fidelity National Title Agency, Inc., Lrt Record Services, Inc., Andrew Jopling, Valerie Jopling, Appellants and Appellees, v. Stewart PIERCE, Appellee and Appellant.

Court of Appeals of Texas, Fort Worth.

December 2, 1999.

Attorney(s) appearing for the Case

Law, Snakard & Gambill, P.C., B. Blake Cox, Davney D. Bassel, Fort Worth, Prager, Metzger & Kroemer, PLLC, J. Richard Tubb, Dallas, Balcom, Mann & Stevens, Diana Estella Stevens, Houston, for appellants/cross appellees.

Bruner, Jamieson & Pappas, L.L.P., Nicholas S. Pappas, Bryan D. Bruner, William, L. Latham, Fort Worth, for appellee/cross appellant.

Panel B: DAUPHINOT, RICHARDS, and HOLMAN, JJ.

OPINION

LEE ANN DAUPHINOT, Justice.

I. INTRODUCTION

In this appeal, we are primarily asked to decide whether the statute of frauds was complied with in a nonjudicial foreclosure sale. We hold that it was. Accordingly, the buyer was entitled to a declaratory judgment awarding him title to the property. Further, because there was no genuine issue of material fact as to the buyer's other causes of action against the sellers arising...

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