Wordworks, Inc. v. Dallas County State Bank

STOREY, Justice.

This is an appeal from a summary judgment granted in favor of defendant, Dallas County State Bank. Plaintiff urges on appeal that its controverting affidavits, including one filed nine days after the summary judgment hearing and without leave of court, created a fact issue as to whether defendant wrongfully offset funds from plaintiff’s bank account and charged usurious interest on plaintiff’s installment loan. We hold that plaintiff’s affidavits were insufficient to preclude summary judgment under Tex.R.Civ.P. 16&-A. Accordingly, the summary judgment is affirmed.

Plaintiff…