First State Bank v. Keilman

ON MOTION FOR REHEARING

JONES, Justice.

The opinion and judgment issued herein by this Court on December 23, 1992, are withdrawn, and this opinion is filed in lieu of the earlier one.

First State Bank (“FSB”), appellant, filed suit against Tom and Myrna Keilman, ap-pellees, to recover the balance owing on a promissory note following the non-judicial foreclosure of property securing the note. The Keilmans counterclaimed, alleging material alteration, wrongful foreclosure, and usury. Based on the jury’s findings, the trial court rendered judgment in favor of the Keilmans on their counterclaims and…