Stiles v. Resolution Trust Corp.

in which GONZALEZ, HIGHTOWER, DOGGETT, CORNYN, GAMMAGE, ENOCH and SPECTOR, Justices, join.

Dudley W. Stiles appeals from the affir-mance of a summary judgment in favor of the Resolution Trust Corporation (RTC), as receiver for Hallmark Savings and Loan Association (Hallmark), in its suit to recover the balance due on a promissory note. Because the court of appeals erroneously affirmed on a ground not relied upon by the RTC in its motion for summary judgment, and because the summary judgment cannot be sustained on any ground that the RTC did rely upon, we reverse the judgment and remand the…