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PROVIDIAN NAT. BANK v. EBARB

No. 09-05-008 CV.

180 S.W.3d 898 (2005)

PROVIDIAN NATIONAL BANK, Appellant, v. Kerri EBARB and George Ebarb, Appellee.

Court of Appeals of Texas, Beaumont.

Decided December 8, 2005.

Attorney(s) appearing for the Case

Brian Staley, Hull & Associates, PC, Houston, for appellant.

Gary H. Gatlin, Jasper, for appellees.

Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.

OPINION

DAVID GAULTNEY, Justice.

Providian National Bank sued George Ebarb and Kerri Ebarb in April 1999 to recover amounts allegedly owed on a credit card. A month after the suit was filed, the Ebarbs were divorced. The Bank non-suited the defendants, but in 2001 filed suit against them on the same debt. Providian obtained a default judgment against Kerri Ebarb. She did not appeal.

George Ebarb counterclaimed...

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