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ELIJAH RAGIRA v. VIP LODGING GROUP

No. 08-07-00182-CV.

301 S.W.3d 747 (2009)

ELIJAH RAGIRA/VIP LODGING GROUP, INC., Appellant/Cross-Appellant, v. VIP LODGING GROUP, INC., Atmex Corporation and J. Santos Espinoza/Elijah Ragira, Cross-Appellee/Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled December 30, 2009.

Attorney(s) appearing for the Case

Michael Hassett, Jones & Cannon, Arlington, TX, for Appellant.

Annette Vanicek, Fort Worth, TX, Scott Allen Shanes, Strasburger & Price, LLP, Frisco, TX, for Appellee.

Before McCLURE, J., RIVERA, J., and HILL, C.J. (Ret., sitting by assignment).

OPINION

GUADALUPE RIVERA, Justice.

This appeal stems from a suit for specific performance of three commercial real estate sales contracts. We affirm in part and reverse in part.

BACKGROUND

VIP owned five tracts of land secured by a senior note held by PMC Commercial Trust (PMC) and a subordinate note held by Sunburst Hotel Corporation (Sunburst). Having trouble paying off the matured notes on the property, which totaled approximately...

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