Derbigny v. Bank One

OPINION

CANNON, Justice.

This appeal arises from a suit on three promissory notes. In three points of error, appellants contend the trial court erred: (1) in rendering a judgment on the pleadings without a trial on the merits; (2) in denying appellants’ leave to amend their answer and file a counterclaim; (3) in appointing a receiver without an evidentiary hearing. We reverse and remand.

In November 1985, appellants Roland J. Derbigny and Derbigny and Associates, Inc. executed two promissory notes to ap-pellee MBank Westchase, N.A. (hereinafter “the Bank”). 1 In June 1986, appellants executed a…