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EMC MORTG. CORP. v. DAVIS

No. 03-04-00260-CV.

167 S.W.3d 406 (2005)

EMC MORTGAGE CORPORATION, Appellant, v. Fred E. DAVIS and Sherry A. Davis, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 27, 2005.

Attorney(s) appearing for the Case

Marcy Hogan Greer, Stacy L. Keaton, Fulbright & Jaworski L.L.P., Austin, TX, Michael A. Swartzendruber, Fulbright & Jaworski L.L.P., Dallas, TX, Kelly Harvey, Kelly Harvey, P.C., Houston, TX, for appellant.

Jon Michael Smith, Kincaid, Horton & Smith, Joe K. Longley, Longley & Maxwell, L.L.P., Austin, TX, for appellees.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

W. KENNETH LAW, Chief Justice.

EMC Mortgage Corporation appeals from the district court's judgment after a jury trial awarding Fred E. Davis and Sherry A. Davis damages and attorney's fees based on EMC's anticipatory repudiation of a loan agreement between the Davises and a previous owner of a promissory note. The Davises entered into an agreement to purchase a home. The promissory note specified...

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