Lavigne v. Holder

OPINION

ANNE GARDNER, Justice.

Introduction

The question in this case of first impression is whether the granting of an easement by a mortgagor triggered the acceleration clause of a promissory note and deed of trust. The trial court determined that it did and granted summary judgment in favor of Appellees. We hold that it did not and reverse the judgment of the trial court, render judgment for Appellant, and remand for further proceedings in the trial court.

Factual and Procedural History

The basic facts of the case are not in dispute. In 1996, Appellee, Alvis W. Holder, conveyed a lot in Haltom…