Legal Opinion

NETCO, INC. v. Montemayor

Texas Court of Appeals, 1st District (Houston)

Decided March 31, 2011No. 01-09-00705-CVPublishedCited by 19 opinions

1Opinion of the Court

OPINION

JANE BLAND, Justice.

In this escrow account dispute, NETCO Inc. (NETCO) appeals from a judgment against it and in favor of Diana Montema-yor and Ludivina Flores. Montemayor and Flores sued NETCO for breach of fiduciary duty, arising from NETCO’s failure to pay money it held in escrow to a valid lien holder upon NETCO’s closing of a real estate transaction. NETCO asserted a limitations defense, which the trial court submitted to a jury. Following the jury’s finding against the merit of that defense, the parties submitted the breach of fiduciary duty claim to the bench. The trial court…

2Cases cited28 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. S.V. v. R.V.Texas Supreme Court · 1996
  3. Parkway Co. v. WoodruffTexas Supreme Court · 1995
  4. Computer Associates International, Inc. v. Altai, Inc.Texas Supreme Court · 1996
  5. HECI Exploration Co. v. NeelTexas Supreme Court · 1999

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3Cited by19 opinions

  1. Holland v. Lovelace, Texas Court of Appeals, 5th District (Dallas)2011
  2. Burrus v. ReyesCourt of Appeals of Texas · 2017
  3. Flagstar Bank, FSB v. Mark Walker, Texas Court of Appeals, 5th District (Dallas)2014
  4. Contractors Source, Inc. v. Amegy Bank National Association D/B/A Amegy Bank of TexasCourt of Appeals of Texas · 2015
  5. Weaver and Tidwell, L.L.P. v. the Guarantee Company of North America, USA, Texas Court of Appeals, 5th District (Dallas)2014

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