Legal Opinion

Avary v. Bank of America, N.A.

Texas Court of Appeals, 5th District (Dallas)

Decided May 6, 2002No. 05-00-00918-CVPublishedCited by 84 opinions

1Opinion of the Court

OPINION

Opinion By

Justice WHITTINGTON.

Rhonda Avary, guardian of the estates of Brett Joseph Bourgeois and Timothy James Bourgeois, minor children (Avary), sued Bank of America, N.A. (Bank) for breach of fiduciary duty, negligence, fraud, and conspiracy. The alleged wrongful conduct occurred during the court-ordered mediation of a now-concluded lawsuit. The Bank moved for summary judgment on the ground that Avary had no evidence to support her claims because all communications made at the mediation were confidential under section 154.073 of the Texas Civil Practice and Remedies Code. See Tex.…

2Cases cited49 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
  3. Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
  4. Montgomery v. KennedyTexas Supreme Court · 1984
  5. Star-Telegram, Inc. v. DoeTexas Supreme Court · 1996

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3Cited by84 opinions

  1. Abetter Trucking Co. v. Arizpe, Texas Court of Appeals, 1st District (Houston)2003
  2. Allison v. Fire Insurance Exchange, Texas Court of Appeals, 3rd District (Austin)2002
  3. Willis v. Donnelly, Texas Court of Appeals, 14th District (Houston)2003
  4. Barrand, Inc. v. Whataburger, Inc., Texas Court of Appeals, 13th District2006
  5. Cleveland Regional Medical Center, L.P. v. Celtic Properties, L.C., Texas Court of Appeals, 9th District (Beaumont)2010

79 more not listed; retrieve them via the Exa API.

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