Legal Opinion · Dissent

Myrad Properties, Inc. v. Lasalle Bank National Ass'n

Texas Court of Appeals, 3rd District (Austin)

Decided April 25, 2008No. 03-07-00240-CVPublishedCited by 1 opinion

1DissentJan P. Patterson, Justice

On motion for rehearing, I substitute the following opinion in place of my original dissenting opinion issued January 25, 2008.

The role of the courts is but a limited role when called upon to render a trial unnecessary. In the context of a nonjudicial foreclosure sale and a public notice of the sale that contained no error on its face that one piece of property was to be sold, this case poses the questions whether (i) a lender, by referencing a deed of trust in the notice, automatically expands the properties subject to the sale as expressly identified in the notice to include all of the…

2Cases cited33 opinions

  1. King Ranch, Inc. v. ChapmanTexas Supreme Court · 2003
  2. Coker v. CokerTexas Supreme Court · 1983
  3. Massey v. Armco Steel Co.Texas Supreme Court · 1983
  4. Bonham State Bank v. BeadleTexas Supreme Court · 1995
  5. Luckel v. WhiteTexas Supreme Court · 1992

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3Cited by1 opinion

  1. Myrad Properties, Inc. v. Lasalle Bank National Ass'n, Texas Court of Appeals, 3rd District (Austin)2008

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