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WELLS FARGO BANK, N.A. v. MURPHY

No. 13-0236

458 S.W.3d 912 (2014)

WELLS FARGO BANK, N.A., Petitioner, v. Patrick O'Brien MURPHY a/k/a O'Brien Murphy and Beverly Murphy, Respondents

Supreme Court of Texas.

OPINION DELIVERED: February 6, 2015

Rehearing Denied June 5, 2015

Attorney(s) appearing for the Case

Caren Panzer DeLuccio , Christopher Benjamin Dove , Daniel John Pettit , Derrick Bryan Carson , Locke Lord LLP, Houston, Robert T. Mowrey , W. Scott Hastings , Locke Lord LLP, Dallas, for Petitioner.

Bertrand C. Moser , Houston, for Respondents.

Beverly Murphy, Houston, Pro Se.

Patrick O'Brien Murphy, Houston, Pro Se.

In this dispute between two home-equity borrowers and their lender, we must determine whether the parties' loan agreement or the Texas Constitution prohibits an award of attorney's fees in the borrowers' separate and original declaratory judgment action that invoked the automatic stay and dismissal...

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