Legal Opinion

Frank D. McCollum III v. the Bank of New York Mellon Trust Company

Texas Court of Appeals, 8th District (El Paso)

Decided November 18, 2015No. 08-13-00318-CVPublishedCited by 13 opinions

1Opinion of the Court

OPINION

STEVEN L. HUGHES, Justice

Frank D. McCollum, III appeals from a no-evidence summary judgment granted in favor of the- Bank' of New York Mellon Trust Gompany on McCollum’s claim for wrongful foreclosure. On-appeal, McCol-lum contends: (1) the trial court erred in striking his affidavit filed in response to Mellon’s summary judgment motion, because he did not have an adequate opportunity to respond before the trial court ruled on Mellon’s motion to strike; and (2) the trial court erred in granting Mellon’s motion for summary judgment, because he presented sufficient evidence to raise a…

2Cases cited24 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
  3. Kindred v. Con/Chem, Inc.Texas Supreme Court · 1983
  4. Cire v. CummingsTexas Supreme Court · 2004
  5. TransAmerican Natural Gas Corp. v. PowellTexas Supreme Court · 1991

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3Cited by13 opinions

  1. 1001 West Loop LP, Galleria Loop Note Holder, LLC, 1001 WL GP, LLC, and 1001 WL, LLC v. Boxer Property Management Corporation, Texas Court of Appeals, 14th District (Houston)2024
  2. Carmen Aleman v. Standard Casualty Company, Texas Court of Appeals, 1st District (Houston)2025
  3. Eldon Rodriguez and Maria Rodriguez v. Heather Harmston, Jaime Gardea, Synergy Construct LLC, and GC Rentals and Management LLC D/B/A Realty One Group Mendez Burk, Texas Court of Appeals, 8th District (El Paso)2025
  4. Estate of Samantha Skaggs; Robbin Skaggs, Individually and as Personal Representative of the Estate of Samantha Skaggs; And Walter Skaggs Sr. v. Peternett, Inc. D/B/A Showdown; Richard P. Hartnett; John Hartnett; And Heather Marquez, Texas Court of Appeals, 2nd District (Fort Worth)2026
  5. James McCollum and Frank D. McCollum III v. U.S. Bank National Associations Legal Title Trustee, Texas Court of Appeals, 5th District (Dallas)2020

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