Starcrest Trust v. Berry

CARROLL, Chief Justice.

This is an appeal from a judgment granted in favor of appellee Sam C. Berry. Appellant Starerest Trust (“Starerest”) brought suit against Berry, Thomas J. Smith, and the law firm of Smith, Barshop, Staffer & Mill-sap to enjoin the non-judicial foreclosure of a deed of trust lien on certain property to which Starerest held legal title in Comal County. Starcrest additionally sought both a declaratory judgment that the deed of trust lien was invalid and damages for allegedly usurious interest charged in connection with the transaction. The trial court granted a temporary…