Bank of Houston v. Milam

PREWITT, Judge.

Plaintiff sought to recover a deficiency judgment based upon a promissory note, payment of which was secured by a security agreement on personal property of defendants. On April 8, 1992, judgment was entered in favor of plaintiffs for $57,312.99, interest and attorney’s fee. Defendants appeal.

Review of this nonjury case requires that we give due regard to the opportunity of the trial court to judge the credibility of witnesses. Rule 73.01(c)(2). Review is under Rule 73.01(c). As that rule is interpreted, the judgment is to be affirmed unless there is no substantial evidence to…