Legal Opinion

Mitchell v. Bank of America, N.A.

Texas Court of Appeals, 5th District (Dallas)

Decided March 10, 2005No. 05-03-01592-CVPublishedCited by 65 opinions

1Opinion of the Court

OPINION

Opinion by

Justice WRIGHT.

Donna and Timothy Mitchell appeal a take nothing judgment based on a jury verdict in favor of Bank of America. In fifteen points of error, the Mitchells contend generally: (1) the trial court erred in excluding certain testimony and exhibits; (2) the trial court erred in denying an agreed continuance; (3) the evidence is factually insufficient to support the breach of contract finding; (4) Bank’s counsel made improper jury argument; (5) the trial court erred in failing to grant their motion for new trial based on newly discovered evidence; (6) certain trial…

2Cases cited24 opinions

  1. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  2. In Re King's EstateTexas Supreme Court · 1951
  3. BMC Software Belgium, NV v. MarchandTexas Supreme Court · 2002
  4. Dow Chemical Co. v. FrancisTexas Supreme Court · 2001
  5. Sterner v. Marathon Oil Co.Texas Supreme Court · 1989

19 more not listed; retrieve them via the Exa API.

3Cited by65 opinions

  1. Case Corp. v. Hi-Class Business Systems of America, Inc., Texas Court of Appeals, 5th District (Dallas)2006
  2. in the Interest of O.R.F., a Child, Texas Court of Appeals, 6th District (Texarkana)2013
  3. Sparks v. Booth, Texas Court of Appeals, 5th District (Dallas)2007
  4. Gus H. Comiskey, III A/K/A Trey Comiskey and TC3, Inc. v. FH Partners, LLC, Texas Court of Appeals, 14th District (Houston)2012
  5. Bobbora v. Unitrin Insurance Services, Texas Court of Appeals, 5th District (Dallas)2008

60 more not listed; retrieve them via the Exa API.

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