SEI Business Systems, Inc. v. Bank One Texas, N.A.

OPINION

OVARD, Justice.

This is a summary judgment case. The determining issue is whether an appellate court can take judicial notice of the contents of the Texas Secretary of State’s corporation files when no evidence of those files was presented to the trial court. Appellant argues that we cannot. ' We agree, and we reverse the summary judgment and remand the case to the trial court.

Joel Wagenheim (Wagenheim) was CEO of Shanbrooke Enterprises, Inc. (Shan-brooke). On March 19, 1980, and August 19, 1983, Wagenheim personally guaranteed Shanbrooke’s indebtedness to Bank One Texas (Bank One).…