Westbrook Construction Co. v. Fidelity National Bank of Dallas

OPINION

WEAVER, Chief Justice.

This is an appeal from a summary judgment. The case involved a dispute of various claimants to funds which were inter-plead and paid into the registry of the court by Southwestern Bell Telephone Company (Bell). The funds represented the balance owing by Bell under a construction contract (the Bell Contract), which it entered into on July 10, 1987, with Vernon Nelson, d/b/a Red Baron Ditchin, the general contractor.

The trial court found that the appellee, Fidelity National Bank of Dallas (Fidelity), had a prior and superior security interest, lien and claim to such…