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CADLE CO. v. ORTIZ

No. 13-06-282-CV.

227 S.W.3d 831 (2007)

The CADLE COMPANY and Cadleway Properties, Inc., Appellants, v. Mary Ester ORTIZ and David Ortiz, Appellees.

Court of Appeals of Texas, Corpus Christi-Edinburg.

May 17, 2007.

Attorney(s) appearing for the Case

Ann E. Webb, Mark A. Kerstein, Buck, Keenan, Gage, Little & Lindley, LLP, Houston, for appellants.

David Roberts, Roberts, Roberts & Odefey, Wanda Roberts, Garner, Roberts & Roberts, Port Lavaca, for appellees.

Before Justices YAÑEZ, RODRIGUEZ, and BENAVIDES.

OPINION

Opinion by Justice BENAVIDES.

This appeal arises from a wrongful foreclosure lawsuit. Mary Ester Ortiz and David Ortiz, appellees, obtained a judgment invalidating a lien on their homestead held by The Cadle Company and Cadleway Properties, Inc. ("Cadle"), appellants. The trial court declared a wrongful foreclosure and also awarded the Ortizes attorneys' fees. The issues presented are (1) whether a mechanic's lien against a marital homestead is valid...

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