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ARMSTRONG v. STEPPES APARTMENTS, LTD.

No. 2-97-250-CV.

57 S.W.3d 37 (2001)

Donald E. ARMSTRONG, Trustee of the Donald E. Armstrong Family Trust and the Donald E. Armstrong Charitable Remainder Unitrust; Boy'S Clubs of San Diego; Jennifer Potter; Jerry B. James; and the National Ability Center, Appellants, v. STEPPES APARTMENTS, LTD. and John L. Feece, Appellees.

Court of Appeals of Texas, Fort Worth.

July 6, 2001.

Attorney(s) appearing for the Case

Wes Dauphinot and Thomas F. Harkins, Jr., Fort Worth, Texas, and Linda K. Jenkins, Dallas, Texas, Attorneys for Appellants.

Bodoin, Burnside & Burge P.C., and Robert R. Bodoin and Mark Edwin Burge, Fort Worth, Texas, and Chris Harris and Associates, and Chris Harris, Arlington, Texas, Attorneys for Appellees.

PANEL A: DAY and LIVINGSTON, JJ.

OPINION

DAY, Justice.

INTRODUCTION

Appellees Steppes Apartments, Ltd. ("Steppes") and John L. Feece brought this declaratory judgment action against appellant Donald E. Armstrong, Trustee of the Donald E. Armstrong Family Trust and the Donald E. Armstrong Charitable Remainder Unitrust, for a declaration of whether Steppes was in default under loan documents securing the purchase of an apartment complex. After a non-jury trial, the trial court determined...

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