First State Bank of Frankston v. Hughes

COLLEY, Justice.

This is an appeal from a summary judgment rendered in favor of appellee, Allen Ray Hughes (hereafter “Hughes”), against appellant, First State Bank of Frankston, Texas (hereafter “Bank”).

Hughes’ motion for summary judgment was based solely on the pleadings and the admissions of Bank made in response to Hughes’ request for admissions. We reverse the judgment and remand the case.

The summary judgment evidence included the oral deposition of Larry Lee Bowers (hereafter “Bowers”) who is the Vice-President of American Mobile and Modular Homes of Waco, Inc. (hereafter “American”). A…