National Commerce Bank v. Stiehl

*707OPINION

OLIVER-PARROTT, Chief Justice.

In accordance with Tex.R.App.P. 79(e) and 90(e), Justice Mirabal requested en banc consideration of this case. The request was overruled by a vote of six to three.

This is an appeal from a judgment: (1) declaring no liability on a deficiency claim in favor of David C. and Patricia A. Stiehl, appellees; and (2) awarding nothing to National Commerce Bank (NCB),1 appellant, on its counterclaim. We reverse and remand.

Background

On December 21, 1988, appellees, along with their son and daughter-in-law, Steve and Shannon Stiehl (the Stiehl Children), executed a…