# Texas Capital Securities, Inc. v. Sandefer

> Texas Court of Appeals, 1st District (Houston) · July 26, 2001 · 58 S.W.3d 760

URL: https://www.frixlaw.com/law-library/cases/9680590

## Case

- **Full name:** TEXAS CAPITAL SECURITIES, INC. and Butch Ballow, Appellants, v. J.D. SANDEFER, III and Stephen F. Smith, Appellees
- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** July 26, 2001
- **Citations:** 58 S.W.3d 760; 2001 WL 522032
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Wilson, Nuchia, Duggan
- **Cited by:** 104 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9680590

## How later opinions describe it (automated extraction)

- holding that the plaintiffs had sufficient proof of reliance when the plaintiffs relied on information that the defendant asked a broker to convey to the plaintiffs
- holding intentional act of party in providing erroneous address negated good cause for failure to timely answer requests for admission served at wrong address
- noting that predictions of increased share prices generally do not amount to actionable misrepresentations

## Opinion text

OPINION ON MOTION FOR REHEARING
PER CURIAM.
The Court issued its opinion in this appeal on May 17, 2001. On June 1, 2001, appellant, Butch Ballow, filed a timely motion for rehearing. On June 27, 2001, Bal-low and appellees, J.D. Sandefer III and Stephen F. Smith, filed a joint motion to dismiss Ballow’s appeal and to dismiss Bal-low’s motion for rehearing. The Court grants the joint motion to dismiss as follows:
(1) The motion for rehearing of appellant, Butch Ballow, is dismissed.
(2) The appeal of appellant, Butch Bal-low, is dismissed, and the conclusion in this Court’s opinion of May 17, 2001 on pages 2 and 35, affirming the judgment against appellant Butch Ballow, is withdrawn.
(3) Except as set forth above, this Court’s opinion of May 17, 2001 remains unchanged.
(4) The judgment issued on May 17, 2001, is withdrawn and replaced by the corrected judgment attached hereto.
It is so ORDERED, ADJUDGED, AND DECREED.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9680590. Public record. Not legal advice.