Legal Opinion
SMS Financial, Ltd. Liability Co. v. ABCO Homes, Inc.
Court of Appeals for the Fifth Circuit
Decided February 23, 1999No. 98-50117PublishedCited by 44 opinions
1Opinion of the Court
DUHÉ, Circuit Judge:
SMS Financial L.L.C. (“SMS”), sued to recover on a promissory note issued by ABCO Homes, Inc. (“ABCO”), Abbott Consolidated Industries, Inc. (“ACI”), Abbott Development Co. (“ADCO”), H. Eugene Abbott, and Richard E. Abbott (collectively, “Defendants”). SMS appeals on the following grounds the district court’s grant of summary judgment for the Defendants: (1) it is the holder and owner of the note; (2) equitable estoppel; (3) limitations; (4) commercially unreasonable disposition of collateral; and (5) no relation back of SMS’s amended complaint. Because we hold that SMS is…
2Cases cited23 opinions
- Federal Deposit Insurance Corporation v. ConnerCourt of Appeals for the Fifth Circuit · 1994
- Natalia Flores v. Cameron County, Texas, Cameron County, Texas, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1996
- Federal Deposit Insurance Corporation, Plaintiff-Counter v. Roy William Bledsoe, Defendant-Counter Claimant-AppelleeCourt of Appeals for the Fifth Circuit · 1993
- Jackson v. ThweattTexas Supreme Court · 1994
- Greathouse v. Charter National Bank-SouthwestTexas Supreme Court · 1992
18 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Cliff v. Payco General American Credits, Inc.Court of Appeals for the Eleventh Circuit · 2004
- Asher v. Unarco Material Handling, Inc.Court of Appeals for the Sixth Circuit · 2010
- Brockbank v. Best Capital Corp.Supreme Court of South Carolina · 2000
- Leavings v. Mills, Texas Court of Appeals, 1st District (Houston)2004
- Mary Plubell, on Behalf of Herself and All Others Similarly Situated v. Merck & Co., Inc.Court of Appeals for the Eighth Circuit · 2006
39 more not listed; retrieve them via the Exa API.