Benchmark Land Development, Inc. v. John C. Wooley

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-01-00095-CV

Benchmark Land Development, Inc., Appellant

v.

John C. Wooley, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT

NO. 96-14398, HONORABLE PAUL DAVIS, JUDGE PRESIDING

Benchmark Land Development, Inc. ("Benchmark") brought this lawsuit to collect on a promissory note which it had obtained from John C. Wooley. Wooley answered the suit and filed a counterclaim alleging the promissory note sued upon was tainted by usury. Both parties filed motions for summary judgment on the usury claim. The trial court found…