Oak Park Townhouses v. Brazosport Bank of Texas, N.A.

The issue before this court is whether a party waives its alternative grounds for denying recovery if it does not object to the judgment in the trial court. In accordance with a jury finding, the trial court rendered judgment denying recovery on a note based on usury. The court of appeals reversed and remanded. 837 S.W.2d 652. We re verse the judgment of the court of appeals and remand the cause to that court for further consideration.

Brazosport Bank of Texas (Brazosport) sued Oak Park Townhouses, Charles Flour-noy (Oak Park) and others on a note. 1

Although Oak Park admitted execution of the…