Frank D. McCollum III v. the Bank of New York Mellon Trust Company
Texas Court of Appeals, 8th District (El Paso)
1Opinion of the Court
OPINION
STEVEN L. HUGHES, Justice
Frank D. McCollum, III appeals from a no-evidence summary judgment granted in favor of the- Bank' of New York Mellon Trust Gompany on McCollum’s claim for wrongful foreclosure. On-appeal, McCol-lum contends: (1) the trial court erred in striking his affidavit filed in response to Mellon’s summary judgment motion, because he did not have an adequate opportunity to respond before the trial court ruled on Mellon’s motion to strike; and (2) the trial court erred in granting Mellon’s motion for summary judgment, because he presented sufficient evidence to raise a…
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