Federal Deposit Insurance Corporation as Receiver for Liberty Federal Savings and Loan Association v. Jack Waggoner

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The FDIC sued Jack Waggoner on a promissory note. The district court granted the FDIC summary judgment and Waggoner appeals. Because three notes were tied together by their terms and in the note case when the FDIC arrived, the principle of D’Oench, Duhme does not bar consideration of all three in determining whether personal liability was created. We find that under Texas law the extension and renewal of a note without personal liability does not create personal liability unless the parties intended a novation. There is no evidence that a novation was…