DALLAS, April 12, 2011 /PRNewswire/ -- A Collin County district court judge recently entered a judgment awarding The Frost National Bank, N.A. ("Frost") more than $9.5 million in a commercial lending dispute. On July 16, 2008, Frost had sued Ronald Fraze to enforce his personal guaranties of two promissory notes issued in connection with the construction financing of student housing developments in Commerce, Texas and Stephenville, Texas. 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. When the trial judge declined to enforce Fraze's written waiver of a jury trial, Frost turned to James W. Walker and Dan Gus of Walker Sewell LLP to challenge the trial judge's ruling. In a case filed against the trial judge in the Fifth Court of Appeals in Dallas, Texas, Walker Sewell argued on behalf of Frost that the trial judge had abused his discretion by refusing to enforce the parties' waiver of a jury trial. The Dallas Court of Appeals agreed and the case was ordered to proceed to a bench trial.
Given Walker Sewell's success in challenging the trial judge's failure to enforce the jury waiver, Frost retained the firm to continue the prosecution of the claims against Ronald Fraze. After aggressively challenging the several counterclaims that Fraze had alleged, Walker Sewell succeeded in obtaining a judgment from the trial court that awarded Frost the full amount due under Fraze's personal guaranties, including Frost's attorney's fees. The total amount awarded to Frost was $9,518,459.20. Additionally, the trial court entered judgment dismissing all of Fraze's affirmative defenses and counterclaims.
Walker Sewell LLP was founded in 2001 and its attorneys specialize in the litigation, arbitration and appeal of complex commercial disputes. Its experienced litigation and appellate teams have worked together for many years to create positive and cost-effective results for both domestic and international clients. Walker Sewell LLP is a Martindale AV rated law firm and has been selected for the past four years as a Fortune 500 "Go To Law Firm".
SOURCE Walker Sewell