PATTON v. PORTERFIELD

No. 05-11-01619-CV.

411 S.W.3d 147 (2013)

Lisle PATTON and Barrett Daffin Frappier Turner & Engel, L.L.P. f/k/a Barrett Burke Wilson Castle Daffin & Frappier, L.L.P., Appellants v. Collin D. PORTERFIELD, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing En Banc Overruled October 29, 2013.

Reconsideration En Banc Denied October 31, 2013.


Attorney(s) appearing for the Case

Robert F. Maris , Maris & Lanier, P.C., Matthew Lindsey , W. Mike Baggett , Michael Kent O'Neal , Dallas, Alejandro Sin Valdes , Linda J. Burgess , Austin, for Appellants.

Collin D. Porterfield, Frisco, pro se.

Karen Sue Neeley , Austin, for amicus curiae.

Before Justices FRANCIS, LANG, and EVANS.


OPINION

Opinion by Justice LANG.

In this case, we address a question of law as to how cash proceeds from the foreclosure of a purchase money deed of trust on a homestead should be distributed by a deed of trust substitute trustee as between the senior lienholder, a junior, home equity lienholder, and the homeowner. In so doing, we consider the constitutional and common law arguments raised by appellee Collin D. Porterfield in the trial court regarding his...

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