Legal Opinion
Buckeye Retirement Co., LLC, Ltd. v. Bank of America
Texas Court of Appeals, 5th District (Dallas)
Decided November 26, 2007No. 05-06-01136-CVPublishedCited by 35 opinions
1Opinion of the Court
OPINION
Opinion by
Justice O’NEILL.
In this garnishment case, the trial court determined appellee Bank of America, N.A. (the “Bank”) did not possess any property of the judgment debtor relevant to the garnishment proceeding. On appeal, appellant Buckeye Retirement Co., LLC, LTD. (“Buckeye”) alleges (1) the trial court erred in striking its first amended petition; (2) the trial court erred in limiting certain discovery; (3) the trial court erred in failing to apply a spoliation presumption in its favor; (4) the evidence is legally and factually insufficient to support the trial court’s finding…
2Cases cited15 opinions
- Dow Chemical Co. v. FrancisTexas Supreme Court · 2001
- Trevino v. OrtegaTexas Supreme Court · 1998
- Cotten v. Weatherford Bancshares, Inc.Court of Appeals of Texas · 2006
- HTS Services, Inc. v. Hallwood Realty Partners, L.P., Texas Court of Appeals, 1st District (Houston)2005
- Cresthaven Nursing Residence v. Freeman, Texas Court of Appeals, 7th District (Amarillo)2003
10 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Rich v. Olah, Texas Court of Appeals, 5th District (Dallas)2008
- PopCap Games, Inc. v. MUMBOJUMBO, LLC, Texas Court of Appeals, 5th District (Dallas)2011
- Raymundo Rico, Jr. v. L-3 Communications Corporation and Megan Ridge, Texas Court of Appeals, 5th District (Dallas)2014
- Ellen Foley v. Capital One Bank, N.A., Texas Court of Appeals, 14th District (Houston)2012
- Landerman v. State Bar of Texas, Texas Court of Appeals, 5th District (Dallas)2008
30 more not listed; retrieve them via the Exa API.