PIERCE v. WASHINGTON MUT. BANK

No. 12-06-00396-CV.

226 S.W.3d 711 (2007)

Virgil A. PIERCE, Appellant, v. WASHINGTON MUTUAL BANK, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Overruled June 18, 2007.


Attorney(s) appearing for the Case

Richard L. Ray, Canton, Joel C. Elliott, for appellant.

Eugene Z. Dubose, Law Office of Eugene Z. Dubose, P.C., Dallas, for appellee.

Panel consisted of WORTHEN, C.J. and GRIFFITH, J.


OPINION

SAM GRIFFITH, Justice.

Virgil A. Pierce sued Washington Mutual Bank (the "Bank") to remove a cloud on the title of his current home, claiming that home as his homestead. The Bank moved for traditional summary judgment, which was granted. In one issue, Pierce argues that a genuine issue of material fact existed in the case and, therefore, the trial court improperly granted summary judgment. We reverse and remand for further proceedings.

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