Goldring v. Texas Commerce Bank-Arlington

OPINION

FENDER, Chief Justice.

Plaintiffs below (the Goldrings) appeal from a summary judgment rendered in favor of Texas Commerce Bank — Arlington (“the Bank”), formerly Arlington Bank & Trust, in their suit to recover statutory penalties for usury under Tex.Rev.Civ.Stat. Ann. art. 5069-1.06. They alleged that the Bank demanded and received attorneys’ fees, and interest thereon, in excess of the amount specified in their note, as a condition to extending the note and withdrawing the Bank’s posted foreclosure on their property and that this constituted “interest” that rendered the note…