Robert R. Burchfield v. Prosperity Bank

OPINION

SHERRY RADACK, Chief Justice.

This is an appeal from a summary judgment in favor of a bank against a guarantor on a note. The issue we consider is whether the bank is precluded from suing a joint-and-severally liable co-guarantor for a deficiency on a note if the bank already holds an uncollected judgment against another joint-and-severally liable co-guarantor for the full amount of the deficiency. We answer that question in the negative, and affirm the trial court’s summary judgment.

BACKGROUND

In August 2008, Appellee Prosperity Bank made two notes to American Southern Real Estate…