DAP Financial Services, Inc. v. Temple Western Hills, Inc. and Dell Martin

DAP

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-94-00488-CV

DAP Financial Services, Inc., Appellant

v.

Temple Western Hills, Inc. and Dell Martin, Appellees

FROM THE DISTRICT COURT OF BELL COUNTY, 146TH JUDICIAL DISTRICT

NO. 143,385-B, HONORABLE RICK MORRIS, JUDGE PRESIDING

DAP Financial Services sued Temple Western Hills, Inc. and Dell Martin for the deficiency balance after foreclosure on a real estate lien note. DAP sought recovery from Martin under a personal guaranty agreement securing the note. Martin raised the affirmative defense of fraud in the procurement of the guaranty. Upon…