Robert Joseph Phillips Living Trust v. Scurry

OPINION

AUSTIN McCLOUD, Senior Justice (Retired).

Robert Joseph Phillips, in his individual capacity and as trustee of the Robert Joseph Phillips Living Trust (Phillips), appeals the trial court’s granting of Evelyn Scurry’s (Scurry) motion for summary judgment and the denial of Phillips’ motion for summary judgment. The trial court held that a promissory note given to Phillips by Scurry was usurious and awarded Scurry the penalties under TEX.REV.CIY.STAT. arts. 5069-8.01 and 5069-8.03 (1987). 1 We reverse and remand.

A trial court may grant summary judgment only when the moving party shows that…