Howze v. Surety Corp. of America

GREENHILL, Chief Justice.

Surety Corporation of America (“Surety”) originated this suit in Travis County seeking a declaratory judgment that it was not liable to Allen R. Howze and his wife (“Howze”) on a bond it had covering a mobile home dealer with which Howze had dealt. Howze counter-claimed for the face amount of the bond. The trial court entered a take-nothing judgment against Howze. The Court of Civil Appeals affirmed the trial court’s judgment holding: 1) that proper notice was not given to Surety; and 2) that Surety was only liable on its bond for violations of the Texas Mobile Homes…