Legal Opinion

Bank of Texas, N.A. v. Gaubert

Texas Court of Appeals, 5th District (Dallas)

Decided May 8, 2009No. 05-08-01080-CVPublishedCited by 43 opinions

1Opinion of the Court

OPINION

Opinion by

Justice MOSELEY.

This is an interlocutory appeal from a temporary injunction. The trial court enjoined Bank of Texas, N.A. from foreclosing on real property owned (at least in part) by Michael L. Gaubert at a sale scheduled for August 5, 2008 and from re-posting the property for foreclosure until after a trial on the merits. In a single issue, the Bank contends the trial court abused its discretion by granting the temporary injunction because the alleged oral agreement to extend the loan for four months is barred by the statute of frauds applicable to loans in excess of…

2Cases cited32 opinions

  1. Butnaru v. Ford Motor Co.Texas Supreme Court · 2002
  2. Walling v. MetcalfeTexas Supreme Court · 1993
  3. Trenholm v. RatcliffTexas Supreme Court · 1983
  4. Federal Land Bank Ass'n of Tyler v. SloaneTexas Supreme Court · 1992
  5. Haase v. GlaznerTexas Supreme Court · 2002

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

3Cited by43 opinions

  1. El Tacaso, Inc. v. Jireh Star, Inc.Court of Appeals of Texas · 2011
  2. Gus H. Comiskey, III A/K/A Trey Comiskey and TC3, Inc. v. FH Partners, LLC, Texas Court of Appeals, 14th District (Houston)2012
  3. Stovall & Associates, P.C. v. Hibbs Financial Center, Ltd., Texas Court of Appeals, 5th District (Dallas)2013
  4. Lawrence Milton v. U.S. Bank National AssociationCourt of Appeals for the Fifth Circuit · 2013
  5. Miller v. Citimortgage, Inc.District Court, N.D. Texas · 2013

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

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