Legal Opinion

Ralph D. HUSTON and Christina Huston, Appellants, v. U.S. BANK NATIONAL ASSOCIATION, Appellee

Texas Court of Appeals, 1st District (Houston)

Decided October 27, 2011No. 01-10-01026-CVPublishedCited by 27 opinions

1Opinion of the Court

OPINION

HARVEY BROWN, Justice.

This appeal arises from the dismissal of a counterclaim filed by Ralph and Christina Huston in the underlying proceeding brought by U.S. Bank National Association for expedited, non-judicial foreclosure of a home equity loan. 1 In three issues, the Hustons contend (1) the district court lacked authority to dismiss their counterclaim absent a request from U.S. Bank to do so, (2) they were entitled to notice of and a hearing on the dismissal of their counterclaim, and (3) their counterclaim was compulsory. Because we hold that a counterclaim seeking affirmative…

2Cases cited3 opinions

  1. State v. Public Utility Com'n of TexasTexas Supreme Court · 1994
  2. Texas Building Owners & Managers Ass'n v. Public Utility Commission, Texas Court of Appeals, 3rd District (Austin)2003
  3. BASF FINA Petrochemicals Ltd. Partnership v. H.B. Zachry Co., Texas Court of Appeals, 1st District (Houston)2004

3Cited by27 opinions

  1. Huston v. U.S. Bank National Ass'nDistrict Court, S.D. Texas · 2013
  2. Burciaga v. Deutsche Bank National Trust Co.Court of Appeals for the Fifth Circuit · 2017
  3. In re ButtCourt of Appeals of Texas · 2016
  4. In re Odebrecht Constr., Inc.Court of Appeals of Texas · 2018
  5. Steven Steptoe and Patricia Carballo v. JPMorgan Chase Bank, N.A.Court of Appeals of Texas · 2015

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