Legal Opinion
Whitaker v. Bank of El Paso
Texas Court of Appeals, 8th District (El Paso)
Decided March 17, 1993No. 08-92-00286-CVPublishedCited by 47 opinions
1Opinion of the Court
OPINION
LARSEN, Justice.
This is an appeal from a summary judgment in a conversion case. We find that defendants have established as a matter of law that plaintiff cannot prevail on an essential element of his claim of conversion. We also find that the trial court did not abuse its discretion in refusing to award defendants sanctions under Tex.R.Civ.P. 13, and overrule plaintiff’s cross-point on appeal. We affirm the judgment of the trial court.
STANDARD OF REVIEW
The standard of review of a summary judgment on appeal is
1. The movants for summary judgment have the burden of showing that there is…
2Cases cited17 opinions
- Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
- Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Gibbs v. General Motors CorporationTexas Supreme Court · 1970
- Waisath v. Lack's Stores, Inc.Texas Supreme Court · 1971
12 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- AEP Energy Services Gas Holding Co. v. Bank of America, N.A.Court of Appeals for the Second Circuit · 2010
- Bank One, Texas, N.A. v. Stewart, Texas Court of Appeals, 14th District (Houston)1998
- Apple Imports, Inc. v. Koole, Texas Court of Appeals, 3rd District (Austin)1997
- Cass v. Stephens, Texas Court of Appeals, 8th District (El Paso)2004
- Schwartz v. Pinnacle Communications, Texas Court of Appeals, 14th District (Houston)1997
42 more not listed; retrieve them via the Exa API.