OLD REPUBLIC SUR. CO. v. BONHAM STATE BANK

No. 06-04-00105-CV.

172 S.W.3d 210 (2005)

OLD REPUBLIC SURETY COMPANY, Appellant, v. BONHAM STATE BANK, Appellee.

Court of Appeals of Texas, Texarkana.

Decided August 19, 2005.


Attorney(s) appearing for the Case

Aaron Z. Tobin, G. Dennis Sullivan, Sullivan & Holston, Dallas, for appellant.

Graham C. Winegeart, William Riley Nix Jr, Nix & Winegeart, PC, Sherman, Millard O. Anderson, Jr., McKinney, for appellee.

Before MORRISS, C.J., ROSS and CARTER, JJ.


OPINION

Opinion by Justice ROSS.

Old Republic Surety Company appeals the granting of Bonham State Bank's motion for summary judgment concerning its claim for damages under a motor vehicle dealer bond. The Bank alleged that Lee Cadenhead, d/b/a Victory Auto Sales, had breached a statutory bond condition. Because Cadenhead had filed for bankruptcy, the Bank obtained an agreed lift of the bankruptcy stay and then obtained a default judgment that Victory had...

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