EBNER v. FIRST STATE BANK OF SMITHVILLE

No. 03-98-00351-CV.

27 S.W.3d 287 (2000)

Ruth EBNER, as Independent Executrix of the Estate of Emil Ebner; Howard Ebner; and Shirley Ebner, Appellants, v. FIRST STATE BANK OF SMITHVILLE, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 12, 2000.


Attorney(s) appearing for the Case

Will Wilson, Jr., Wilson & Varner, L.L.P., Austin, for Appellants.

Robert Summers, Hohmann & Taube, L.L.P., Austin, for Appellee.

Before Justices JONES, B.A. SMITH and YEAKEL.


LEE YEAKEL, Justice.

Appellee First State Bank of Smithville (the "Bank") brought suit for damages and injunctive relief against appellants Howard, Shirley, and Ruth Ebner (collectively, the "Ebners"),1 for what the Bank characterizes as "the Ebners' illegal attempts to execute on a 1991 judgment in violation of a binding and enforceable Rule 11 settlement agreement." The district court granted...

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