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In 2012, Borrower brought a breach of contract action asserting that Lender refused to accept a tendered payoff and release its liens and security interests; and for a declaration that Lender’s option to convert had terminated in 2011.

The trial court entered a judgment for ,000 against Lender; vacated its liens and security interests; and found it not entitled to convert.

The appellate court found Defendant waived any error, as defense counsel did not object or request a substitute after the court read the post and inquired into the juror’s potential bias.

Even so, the record did not show bias that would prevent the juror's service.

Lender appealed and filed a cash deposit of ,498 in lieu of supersedeas bond.

First, he claimed the court should have removed a juror who posted a Facebook comment about women serving as both prosecutor and judge.

The court further found the continuous abuse statute not unconstitutionally vague as applied to Defendant, who did not show that lack of specific dates precluded him from effectively presenting an alibi.

As a motion to quash on those grounds would have failed, not filing one did not amount to ineffective assistance of counsel.

Therefore, the trial court abused its discretion by not assessing the value of 30% of those Units on the date of judgment and using that value to set the amount of bond.

The court accordingly granted Lender’s motion and remanded for further proceedings. State Criminal, Evidence, Procedure Texas 2nd Court of Appeals November 22, 2017 9-CR Mark T.

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As movant did not challenge or cross-appeal the ruling on any other grounds, the appellate court reversed summary judgment and remanded for further proceedings.

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