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CURRY v. BANK OF AMERICA, N.A.

No. 05-06-00065-CV.

232 S.W.3d 345 (2007)

Michael CURRY and Tammy Curry, Appellants v. BANK OF AMERICA, N.A., Appellee.

Court of Appeals of Texas, Dallas.

August 15, 2007.

Attorney(s) appearing for the Case

Michael Curry, Dale L. Rose, Rodney R. Elkins, Rodney R. Elkins & Co., Dallas, TX, for Appellant.

Michael F. Hord, Michael D. Conner and Eric Scott Lipper, Hirsch & Westheimer, P.C., Houston, for Appellee.

Before Justices WRIGHT, RICHTER, and LANG.

OPINION

Opinion By Justice RICHTER.

This appeal from cross-motions for summary judgment arises out of a suit brought by Michael and Tammy Curry seeking a declaration that their Bank of America, N.A. home equity loan and resulting lien are void because the loan fails to comply with the home equity loan provisions of the Texas Constitution. See TEX. CONST. art. XVI, § 50(a)(6); TEX. CIV. PRAC. & REM. CODE ANN. § 37.001-.11 (Vernon 1997...

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