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MAX DUNCAN FAMILY INVESTMENTS, LTD. v. NTFN INC.

No. 05-07-00430-CV.

267 S.W.3d 447 (2008)

MAX DUNCAN FAMILY INVESTMENTS, LTD., Appellant, v. NTFN INC., and Morningside Property Co., Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled November 6, 2008.

Attorney(s) appearing for the Case

Perry J. Cockerell, Randall K. Price, Cantey & Hanger, LLP, Dallas, Stephen L. Tatum, Cantey & Hanger, L.L.P, Fort Worth, TX, for appellant.

M. Brett Johnson, Fish & Richardson, P.C., Nina Cortell, Anne M. Johnson, Jeremy D. Kernodle, Haynes & Boone, LLP, Dallas, TX, for appellee.

Before Justices WHITTINGTON, RICHTER, and MAZZANT.

OPINION

Opinion by Justice RICHTER.

This case arises from misuse of corporate property to collateralize a personal real estate transaction. The trial court granted a traditional summary judgment in favor of the corporate property owners, Morningside Property Co. ("Morningside") and NTFN Inc. ("NTFN") and awarded attorney's fees. In three issues, Max Duncan Family Investments, Ltd. (Duncan), the entity attempting...

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