Legal Opinion

Commerce Savings Assoc. v. Welch

Texas Court of Appeals, 4th District (San Antonio)

Decided December 20, 1989No. 04-89-00199-CVPublishedCited by 17 opinions

1Opinion of the Court

OPINION

BIERY, Justice.

Commerce Savings Association, appellant, attempted a novel strategy which, if successful, would allow it to extinguish a cause of action against it by a plaintiff who happens to be a judgment debtor in an unrelated action. We affirm the trial court’s judgment invalidating the strategy.

⅝ ⅜ ⅜ sjs * ⅝:

The background of this case is as follows:

Appellee Danny Welch, in his role as defendant in a past lawsuit, entered into an agreed judgment with his opponents. Welch, in a separate role, is plaintiff in a lawsuit pending in federal district court against Commerce Savings…

2Cases cited3 opinions

  1. Barlow v. Lane, Texas Court of Appeals, 10th District (Waco)1988
  2. Buttles v. Navarro, Texas Court of Appeals, 4th District (San Antonio)1989
  3. Schley v. Structural Metals, Inc.Court of Appeals of Texas · 1979

3Cited by17 opinions

  1. Aramco Associated Co. v. Harris County Appraisal District, Texas Court of Appeals, 6th District (Texarkana)2000
  2. Graham v. Pazos De La Torre, Texas Court of Appeals, 13th District1991
  3. Criswell v. Ginsberg & Foreman, Texas Court of Appeals, 5th District (Dallas)1992
  4. Charles v. Tamez, Texas Court of Appeals, 13th District1994
  5. Snow, Nuffer, Engstrom & Drake v. TanasseUtah Supreme Court · 1999

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