Southwest Bank & Trust Co. v. Calmark Asset Management, Inc.

STEPHENS, Justice.

Southwest Bank and Trust Company (“Southwest”), appeals from an adverse summary judgment holding it liable to its customer, Calmark Asset Management, Inc. (“Calmark”), for its failure to raise Calmark’s defense to a writ of garnishment. On appeal Southwest brings forward seven points of error. We reject each contention and, accordingly, affirm.

This suit began as a garnishment action filed against Southwest by Delores Fraden-berg on February 5, 1981. At the time the writ was served, Calmark had an account with Southwest styled “Calmark Asset Management, Inc., in trust for…