Fiduciary Mortgage Co. v. City Natl. Bank of Irving

I respectfully disagree with the majority opinion. The majority reverses a judgment of a trial court, not based upon the merits, *206but because of a technical point that the trial court obviously corrected.

The pertinent facts necessary for this dissent are simply that City National Bank of Irving (CNB), appellee, is a new entity which purchased certain assets from the Federal Deposit Insurance Corporation (FDIC) as receiver for First National Bank of Irving, a defunct bank which was a party to the contracts underlying this lawsuit. The other party to the contracts was Fiduciary Mortgage Company,…