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HUSTON v. U.S. BANK NATIONAL ASSOCIATION

No. 01-10-01026-CV.

359 S.W.3d 679 (2011)

Ralph D. HUSTON and Christina Huston, Appellants, v. U.S. BANK NATIONAL ASSOCIATION, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

October 27, 2011.

Attorney(s) appearing for the Case

Ralph D. Huston , The Huston Law Firm, Houston, TX, for Appellants.

Richard A. Illmer , Brown McCarroll LLP, Dallas, TX, for Appellee.

Panel consists of Justices JENNINGS, SHARP, and BROWN.

OPINION

HARVEY BROWN, Justice.

This appeal arises from the dismissal of a counterclaim filed by Ralph and Christina Huston in the underlying proceeding brought by U.S. Bank National Association for expedited, non-judicial foreclosure of a home equity loan.1 In three issues, the Hustons contend (1) the district court lacked authority to dismiss their counterclaim absent a request from U.S. Bank to do so, (2) they were entitled...

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