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THOMAS v. SELECT PORTFOLIO SERVICING, INC.

No. 09-08-00030-CV.

293 S.W.3d 316 (2009)

George THOMAS, Appellant v. SELECT PORTFOLIO SERVICING, INC., U.S. Bank National Association Trust, and Balboa Insurance Group, Appellees.

Court of Appeals of Texas, Beaumont.

Decided July 16, 2009.

Attorney(s) appearing for the Case

Michael C. O'Connor, O'Connor, Craig, Gould & Evans, Houston, for appellant.

Michael F. Hord, Jr., Hirsch & Westheimer, P.C., Levon G. Hovnatanian, Christopher W. Martin, Todd Lonergan, Martin, Disiere, Jefferson & Wisdom, L.L.P., Houston, for appellees.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.

OPINION

STEVE McKEITHEN, Chief Justice.

George Thomas appeals the summary judgment granted to Select Portfolio Servicing, Inc. ("Select"), U.S. Bank National Association Trust as Trustee for EQCC Home Equity Loan Trust 1993-3 ("U.S. Bank"), and Balboa Insurance Group (hereinafter "Meritplan").1 We hold that the summary judgment in favor of Select and U.S. Bank was improperly granted on deemed admissions, and that the summary...

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