Bank defendants argue that the trial court did not abuse its discretion in striking the appellant's motion for appraisal solely because the pleading is prejudicial on its face. Although the bank foreclosed on the appellant's property in September 2009, it waited until February 2011 to amend its pleadings to assert its deficiency counterclaim. Three days after asserting its deficiency claim, the bank defendants moved for summary judgment on the claim, and less than two months later, the appellant amended his pleadings and requested an offset. There is no surprise or prejudice on the face of the record. The trial court's summary judgment is affirmed in part, and reversed and remanded in part. Austin Court of Appeals, No. 03-11-00335-CV, 07-24-2013.
Thomas v. Graham Mortgage Corporation
Tex. App. Dist. 3
August 7, 2013