Rea v. Sunbelt Savings, FSB, Dallas

OPINION

THOMAS, Justice.

Edward P. Rea appeals from a summary judgment rendered in favor of Sunbelt Savings, FSB, Dallas, Texas, in its suit to recover the unpaid balance due on a promissory note. In six points of error, Rea contends generally that the trial court erred in rendering summary judgment against him because: (a) D’Oench 1 does not bar proof of payment since Sunbelt’s own records show payment; (b) he raised a material fact issue as to whether there was an amount due and owing on the note and whether the entire $ 2.1 million was funded; and (c) Sunbelt is not a holder in due course…