Pierce v. Washington Mutual Bank

226 S.W.3d 711 (2007)

Virgil A. PIERCE, Appellant,

v.

WASHINGTON MUTUAL BANK, Appellee.

No. 12-06-00396-CV.

Court of Appeals of Texas, Tyler.

May 23, 2007.

Rehearing Overruled June 18, 2007.

Richard L. Ray, Canton, Joel C. Elliott, for appellant.

Eugene Z. Dubose, Law Office of Eugene Z. Dubose, P.C., Dallas, for appellee.

Panel consisted of WORTHEN, C.J. and GRIFFITH, J.

OPINION

SAM GRIFFITH, Justice.

Virgil A. Pierce sued Washington Mutual Bank (the "Bank") to remove a cloud on the title of his current home, claiming that home as his homestead. The Bank moved for traditional summary judgment, which was…