Legal Opinion

Thomas v. Select Portfolio Servicing, Inc.

Texas Court of Appeals, 9th District (Beaumont)

Decided July 16, 2009No. 09-08-00030-CVPublishedCited by 9 opinions

1Opinion of the Court

OPINION

STEVE McKEITHEN, Chief Justice.

George Thomas appeals the summary judgment granted to Select Portfolio Servicing, Inc. (“Select”), U.S. Bank National Association Trust as Trustee for EQCC Home Equity Loan Trust 1993-3 (“U.S. Bank”), and Balboa Insurance Group (hereinafter “Meritplan”). 1 We hold that the summary judgment in favor of Select and U.S. Bank was improperly granted on deemed admissions, and that the summary judgment in favor of Meritplan improperly cast Thomas’s negligence claim to recover for property damage incurred during a post-hurricane inspection as a claim for…

2Cases cited3 opinions

  1. Jim Walter Homes, Inc. v. ReedTexas Supreme Court · 1986
  2. Wheeler v. GreenTexas Supreme Court · 2005
  3. Unifund CCR Partners v. WeaverTexas Supreme Court · 2008

3Cited by9 opinions

  1. Time Warner, Inc. and Time Warner Cable, LLC v. Dulio Gonzalez, Texas Court of Appeals, 4th District (San Antonio)2014
  2. Duff v. Spearman, Texas Court of Appeals, 9th District (Beaumont)2010
  3. First-Citizens Bank & Trust Company v. Greater Austin Area Telecommunications Network, Texas Court of Appeals, 3rd District (Austin)2010
  4. Flora J. Mireles v. Danny Morman, Texas Court of Appeals, 3rd District (Austin)2010
  5. Lorraine Kenyon, Individually and as of the Estate of Theodore Kenyon v. Elephant Insurance Company, LLC, Texas Court of Appeals, 4th District (San Antonio)2020

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