STEPHENS v. HEMYARI

No. 05-05-01225-CV.

216 S.W.3d 526 (2007)

Gary Ben STEPHENS, Stephens Group, L.P. and Stephens Group II, L.P., Appellants, v. Kourosh HEMYARI, Appellee.

Court of Appeals of Texas, Dallas.

February 16, 2007.


Attorney(s) appearing for the Case

George Whittenburg, Karl L. Baumgardner, Whittenburg Whittenburg Garner & Stein, P.C., Amarillo, Craig T. Enoch, Winstead Sechrest & Minick P.C., Austin, for Appellants.

J. Kent Davenport, Leonard A. Epstein, Newman Davenport & Epstein, P.C., Dallas, Donald Colleluori, Figari & Davenport, L.L.P., Dallas, for Appellee.

Before Justices WRIGHT, BRIDGES, and MAZZANT.


OPINION

Opinion by Justice MAZZANT.

Gary Ben Stephens, Stephens Group, L.P. (Group I), and Stephens Group II, L.P. (Group II) appeal the summary judgment in favor of Kourosh Hemyari in this suit to set aside a foreclosure deed. Appellants bring one issue on appeal asserting the foreclosure sale was void because the foreclosure documents were invalid and the foreclosure sale violated the automatic bankruptcy stay. We conclude Hemyari failed to establish as...

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