Frost National Bank recently won a District Court case in Dallas where it claimed more than $9.5 million in a commercial lending dispute.
The case stemmed from a 2008 lawsuit where the San Antonio-based bank claimed Ronald Fraze did not enforce his personal guaranties of two promissory notes issued in connection with the construction financing of student housing developments in the Texas cities of Commerce and Stephenville.
In the ensuing litigation, Fraze had demanded a jury trial even though the parties’ agreements had specified that any disputes would be tried to a judge. However, when the trial judge declined to enforce Fraze’s written waiver of a jury trial, the bank turned to Walker Sewell LLP, which specializes in the litigation, arbitration and appeal of complex commercial disputes, to challenge the trial judge’s ruling.
In a case filed against the trial judge in the Fifth Court of Appeals in Dallas, the firm argued on behalf of the bank that the trial judge had abused his discretion by refusing to enforce the parties’ waiver of a jury trial. The litigation ruling in this case supported the bank and the case was ordered to proceed to a bench trial.
During the prosecution and after challenging several counterclaims that Fraze had alleged, the firm was successful in obtaining a judgment from the trial court that awarded the bank the full amount due under Fraze’s personal guaranties, including Frost’s attorney’s fees.
Additionally, the trial court entered judgment dismissing all of Fraze’s affirmative defenses and counterclaims.
