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UMLIC VP LLC v. T & M SALES

No. 13-02-00634-CV.

176 S.W.3d 595 (2005)

UMLIC VP LLC, Appellant, v. T & M SALES AND ENVIRONMENTAL SYSTEMS, INC., Tomas Lozano, Perla Lozano, and Walter M. Ezell, Appellees.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing Overruled November 10, 2005.

Attorney(s) appearing for the Case

Beverly A. Whitley, Bell, Nunnally & Martin L.L.P., Dallas, for appellant.

Rene B. Gonzalez, Asst. Dist. Atty., Brownsville, Ruben R. Pena, Law Office of Ruben R. Pena, P.C., Harlingen, for appellees.

Before Justices HINOJOSA, RODRIGUEZ, and GARZA.

OPINION

Opinion by Justice HINOJOSA.

Appellant, UMLIC VP LLC ("UMLIC"), sued appellees, T & M Sales and Environmental Systems, Inc. ("T & M"), Tomas and Perla Lozano,1 and Walter M. Ezell,2 to recover the overdue balance on a note and guaranty agreement. Appellees asserted the affirmative defense of wrongful foreclosure and counter-claimed for breach of contract and negligence. After a jury...

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