Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of April 4, 2022.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Benbrook Economic Development Corp. v. National Bank of Texas, No. 02-20-00286-CV (Apr. 7, 2022) (Kerr, J., joined by Sudderth, C.J., and Womack, J.).

Held: In this dispute arising from the interplay of the Uniform Commercial Code and real-property law, Appellant took ownership of the subject property with constructive notice of all the property’s recorded liens and related instruments, and the record contains a fact issue about whether a deed of trust used to secure a promissory note was discharged prior to Appellee’s seeking judicial foreclosure; accordingly, neither party was entitled to summary judgment.