Greater Southwest Office Park, Ltd. v. Texas Commerce Bank National Ass'n

OPINION

WARREN, Justice.

Greater Southwest Office Park, Ltd. (“Greater Southwest”) appeals from the trial court’s order granting summary judgment to Texas Commerce Bank National Association (“the Bank”), and dismissing Greater Southwest’s cause of action with prejudice.

Greater Southwest was the maker of a promissory note, in the original principal amount of $5,000,000, payable to the Bank. The note was secured by a deed of trust and security agreement, executed by Greater Southwest for the benefit of the Bank. In November of 1987, the Bank declared a default and posted the real property, which…