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GAINES v. KELLY

No. 05-1092.

235 S.W.3d 179 (2007)

Russell GAINES and Southwest Guaranty Mortgage Corp., Petitioners, v. Roger KELLY, Respondent.

Supreme Court of Texas.

Decided August 24, 2007.

Attorney(s) appearing for the Case

Janiece Longoria, Joseph Robert Larsen and Keith Robert Lorenze, Ogden, Gibson, White, Broocks & Longoria, L.L.P., Houston, TX, for Petitioners.

Michael J. Rogers, Jeffrey S. Davis, Michael J. Rogers, P.C., Cleburne, TX, and Tom P. Briggs, Berry, Briggs, Brown & Berkley, Dallas, TX, for Respondent.

Richard P. Corrigan, San Antonio, TX, for Other.

Justice MEDINA delivered the opinion of the Court.

In this appeal from a no-evidence summary judgment, we must determine whether representations, allegedly made by a mortgage broker that a loan would be funded, may be attributed to a lender for purposes of a borrower's fraud claim against that lender. The court of appeals, with one justice dissenting, concluded that there was evidence that the mortgage broker had apparent...

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