Legal Opinion

Aymett, Julian v. Citibank South Dakota NA

Texas Court of Appeals, 5th District (Dallas)

Decided April 5, 2013No. 05-11-00451-CVPublishedCited by 5 opinions

1Opinion of the Court

OPINION

Opinion by

Justice FITZGERALD.

In a suit to recover a credit card debt, appellee Citibank (South Dakota), N.A. (“Citibank”) obtained a final summary judgment awarding it $5,051.12 against the debtor, Julian Aymett. Aymett appeals, arguing the trial court (1) erred in granting summary judgment on the breach of contract claim because his testimony created a fact issue; (2) erred in granting summary judgment on the account stated claim because there is no evidence he agreed to a certain amount owed or that the statements were delivered to him; (3) erred in granting summary judgment on the…

2Cases cited8 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Peter C. Browning v. Jeff P. ProstokTexas Supreme Court · 2005
  3. Sysco Food Services, Inc. v. TrapnellTexas Supreme Court · 1995
  4. Dickey v. Club Corp. of America, Texas Court of Appeals, 5th District (Dallas)2000
  5. Woodard v. Southwest States, Inc.Texas Supreme Court · 1964

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

3Cited by5 opinions

  1. Scott Walker v. Citibank, N.A., Texas Court of Appeals, 11th District (Eastland)2015
  2. Antonio E. Valent v. FirstMark Credit Union, Texas Court of Appeals, 4th District (San Antonio)2020
  3. Becky J. Campbell v. Bank of America, Texas Court of Appeals, 5th District (Dallas)2018
  4. Christina Thomas v. American Express National Bank, Texas Court of Appeals, 5th District (Dallas)2022
  5. Portfolio Recovery Associates, LLC v. Jennifer CampneyCourt of Appeals of South Carolina · 2023

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