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SCOTT v. COMMERCIAL SERVICES OF PERRY, INC.

No. 12-01-00233-CV.

121 S.W.3d 26 (2003)

Herbert Ward SCOTT and Roseann Louise Brown Scott, Appellants, v. COMMERCIAL SERVICES OF PERRY, INC., Appellee.

Court of Appeals of Texas, Tyler.

July 9, 2003.

Attorney(s) appearing for the Case

Loren Gibson, McCaffrey & Tawwater, Oklahoma City, OK, for appellants.

Larry Powers, for appellee.

Panel consisted of WORTHEN, C.J., and GRIFFITH, J.

OPINION

SAM GRIFFITH, Justice.

Herbert Ward Scott and Roseann Louise Brown Scott ("the Scotts") appeal the trial court's summary judgment in favor of Commercial Services of Perry, Inc. ("Commercial Services"). In three issues, the Scotts complain that the trial court erred in granting summary judgment on two outstanding notes, and in denying their request to conduct further discovery. We affirm in part and reverse and remand in part.

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