801 Nolana Inc. v. RTC Mortgage Trust 1994-S6

OPINION

YANEZ, Justice.

This is an appeal from a summary judgment that 801 Nolana, Inc., appellant, is liable for indebtedness to the RTC Mortgage Trust 1994 — S6, appellee, and that it take nothing by its counterclaim for declaratory relief, specific performance, and usury. By two points of error, appellant challenges the basis for the summary judgment against it and the denial of its motion for partial summary judgment on its counterclaim. We reverse and remand, in part, and affirm, in part.

FACTUAL AND PROCEDURAL BACKGROUND

801 Nolana, Inc., fik/a Falcon Group Development Company (“801…