Shumway v. Horizon Credit Corp.

OPINION

HECHT, Justice.

The question presented is whether the makers of a promissory note contractually waived their rights to presentment, notice of the note holder’s intent to accelerate, and notice of acceleration of the balance due on the note upon default. The trial court rendered summary judgment for the note holder, and the court of appeals affirmed. 768 S.W.2d 387. We hold that the makers waived presentment and notice of acceleration, but not notice of intent to accelerate. Accordingly, we reverse the judgment of the court of appeals and remand the cause to the trial court for further…