Justia Texas Supreme Court Opinion Summaries

Articles Posted in Banking
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In this suit for an alleged breach of a deposit agreement, the court reviewed the court of appeals' judgment in favor of an estate administrator, as well as the estate administrator's cross-petition concerning attorney's fees. When a party failed to preserve error in the trial court or waived an argument on appeal, an appellate court could not consider the unpreserved or waived issue. Because many of the arguments raised by the parties invoked issues of error preservation or waiver, the court declined to grant either party the relief it sought. View "FDIC v. Lenk" on Justia Law

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1/2 Price Checks Cashed (Half-Price) brought a suit in a Dallas County justice court asserting breach of contract on the basis of the obligation owed by the drawer of a check under Tex. Bus. & Com. 3.414 and requested attorney's fees. At issue was whether a holder of a dishonored check could recover attorney's fees under Texas Civil Practice and Remedies Code section 38.001(8) in an action against a check's drawer under section 3.414. The court held that Half-Price's section 3.414 claim was a suit on a contract to which section 38.001(a) applied and applying section 38.001(8) to the claim did not disrupt Article 3 of the Uniform Commercial Code's statutory scheme. Therefore, the court reversed the judgment and remanded for a determination of attorney's fees. View "1/2 Price Checks Cashed v. United Automobile Ins. Co." on Justia Law