Legal Opinion

David Fernea v. Merrill Lynch Pierce Fenner & Smith, Inc.

Texas Court of Appeals, 3rd District (Austin)

Decided July 12, 2011No. 03-09-00566-CVPublishedCited by 8 opinions

1Opinion of the Court

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON MOTION FOR REHEARING

NO. 03-09-00566-CV

David Fernea, Appellant

v.

Merrill Lynch Pierce Fenner & Smith, Inc., Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT

NO. D-1-GN-09-002195, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING

O P I N I O N

We withdraw the opinion and judgment issued herein on January 7, 2011 and issue the following opinion in place of the earlier one.

Appellant David Fernea sued appellee Merrill Lynch Pierce Fenner & Smith, Inc. ("Merrill Lynch") asserting various causes of action arising from its alleged…

2Cases cited59 opinions

  1. Cort v. AshSupreme Court of the United States · 1975
  2. Provident Life & Accident Insurance Co. v. KnottTexas Supreme Court · 2003
  3. BMC Software Belgium, NV v. MarchandTexas Supreme Court · 2002
  4. Ford Motor Co. v. RidgwayTexas Supreme Court · 2004
  5. Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979

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3Cited by8 opinions

  1. American General Life Insurance Company v. Pareto Securities, Inc.District Court, S.D. Texas · 2024
  2. BMC West Corporation A/K/A BMC West, LLC and Julian Noe Silva v. Martha Karlson, as Independent Administrator of the Estate of Joyce Angela Williams, Texas Court of Appeals, 3rd District (Austin)2025
  3. In re: Collins Asset Group, LLC; Judy A. Musgrove, et al. v. Collins Asset Group, et al.United States Bankruptcy Court, W.D. Texas · 2026
  4. Litisha Peshoff v. Klein Investments, Inc, Texas Court of Appeals, 9th District (Beaumont)2023
  5. Mark Wheeler, Cindy Wheeler, Jeremy Rich, and David Kiser v. Brandon Scott Free, Ringo Drilling I, L.P., and Ringo Management Company, L.L.C., Texas Court of Appeals, 11th District (Eastland)2021

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