Legal Opinion

Garner v. Fidelity Bank N.A.

Texas Court of Appeals, 5th District (Dallas)

Decided January 31, 2008No. 05-07-00360-CVPublishedCited by 41 opinions

1Opinion of the Court

OPINION

Opinion by

Justice RICHTER.

This appeal arises from a suit on a promissory note. Vernon Lee Garner challenges the entry of a traditional summary judgment in favor of Fidelity Bank, N.A., f/k/a/ Parkway Bank. In six issues, Garner argues: (1) the trial court abused its discretion when it denied Garner’s motion for continuance; (2) the trial court erred when it granted summary judgment because there was a material issue of fact as to whether the note at issue constituted the complete agreement of the parties; (3) the court erred in granting summary judgment because Garner raised a material…

2Cases cited17 opinions

  1. BMC Software Belgium, NV v. MarchandTexas Supreme Court · 2002
  2. Villegas v. CarterTexas Supreme Court · 1986
  3. General Motors Corp. v. GayleTexas Supreme Court · 1997
  4. Compass Bank v. MFP Financial Services, Inc., Texas Court of Appeals, 5th District (Dallas)2005
  5. Boy Scouts of America v. Responsive Terminal Systems, Inc., Texas Court of Appeals, 5th District (Dallas)1990

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

3Cited by41 opinions

  1. Paciwest, Inc. v. Warner Alan Properties, LLCCourt of Appeals of Texas · 2008
  2. Rockwall Commons Associates, Ltd. v. MRC Mortgage Grantor Trust I, Texas Court of Appeals, 8th District (El Paso)2010
  3. Montenegro v. Ocwen Loan Servicing, LLCCourt of Appeals of Texas · 2013
  4. Moreno v. Silva, Texas Court of Appeals, 5th District (Dallas)2010
  5. Robert H. Holmes, Sr. v. Graham Mortgage Corporation, Texas Court of Appeals, 5th District (Dallas)2014

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

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