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EMC MORTG. CORP. v. WINDOW BOX ASS'N, INC.

No. 10-07-00234-CV.

264 S.W.3d 331 (2008)

EMC MORTGAGE CORPORATION, Appellant v. WINDOW BOX ASSOCIATION, INC., Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled September 23, 2008.

Attorney(s) appearing for the Case

R. Michael Thompson, Cowles & Thompson, Dallas, for Appellant.

Jim Hering, Pakis, Giotes Page & Burleson PC, Waco, for Appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

FELIPE REYNA, Justice.

EMC Mortgage Corporation sought to foreclose on certain property owned by Window Box Association, Inc. Window Box sued EMC seeking a temporary restraining order, a temporary injunction, and a declaratory judgment that EMC's lien on the property is invalid. The parties filed competing motions for summary judgment. Window Box argued that the statute of limitations barred EMC's right...

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