LAIRSEN v. SLUTZKY

No. 03-01-00270-CV.

80 S.W.3d 121 (2002)

J.M. LAIRSEN, Jr./Stanley Slutzky, Trustee for the Longitudinal Trust, Appellants, v. Stanley SLUTZKY, Trustee for the Longitudinal Trust/J. M. Lairsen, Jr., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 26, 2002.


Attorney(s) appearing for the Case

Samuel Downing McDaniel, Austin, for Appellant.

T. Mark Rogstad, Wright & Greenhill, P.C., Austin, for Appellee/Cross-Appellant.

Before Chief Justice ABOUSSIE, Justices KIDD and YEAKEL.


MARILYN ABOUSSIE, Chief Justice.

The Longitudinal Trust (the "Trust") commenced this fraud and breach of contract action against J.M. Lairsen, Jr., following the Trust's foreclosure and sale of property it financed and sold to Lairsen. Following a jury trial, both parties appeal. Lairsen contends that (1) the court erred by failing to impose usury penalties; (2) the judgment did not conform to the jury's verdict, and the court erred in determining the deficiency due...

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