Bank of America, N.A. v. Barth

MEMORANDUM OPINION

Memorandum Opinion by

Justice RODRIGUEZ.

Appellee Jerry L. Barth sued Bank of America Corporation claiming that he paid more than he owed on a line of credit. Appellant Bank of America, N.A. answered stating that it was incorrectly named as Bank of America Corporation. Bank of America, N.A. asserted various affirmative defenses and sought recovery of its attorney’s fees by counterclaim. The case was tried to a jury. Although the jury found liability against Bank of America Corporation, 1 the trial court rendered final judgment against Bank of America, N.A.

On appeal, Bank of…