Opinion

Federal Deposit Insurance Corp. v. Golden Imports, Inc.

  • 859 S.W.2d 635
  • 1993 Tex. App. LEXIS 2276
Court
Texas Court of Appeals, 1st District (Houston)
Filed
Aug 12, 1993
Status
Published
Author
Duggan
On the bench
Duggan, O'Connor, Hedges
Cited by
24 cases
Authority
More cited than 74.7%

concluding party waived complaint on appeal that trial court erred in submitting special issue to jury because it improperly commented on weight of evidence where party did not make same objection at trial

How later courts described this case

  • concluding party waived complaint on appeal that trial court erred in submitting special issue to jury because it improperly commented on weight of evidence where party did not make same objection at trial

Written by the judges who cited it.

The opinion

OPINION ON MOTION FOR REHEARING

DUGGAN, Justice.

This is an appeal from a judgment against MBank in a suit for conversion. We withdraw our opinion of October 10, 1991, and substitute this opinion in its place.

Motion for Substitution

MBank Houston National Association (MBank) 1 had already perfected its appeal from the trial court’s final judgment, when, on March 28, 1989, it was declared insolvent and the Federal Deposit Insurance Corporation (FDIC) was appointed as receiver. On June 7, 1989, the FDIC moved for leave to substitute the FDIC as receiver for appellant, MBank; we granted that motion in our original opinion in this cause, issued on December 21, 1989, and the caption of the cause was amended to reflect the substitution. In the interest of clarity, however, references to “appellant” will mean MBank, unless otherwise indicated. The clerk has filed the briefs of the FDIC.

. Also known as Gessner Southwest Bank & Trust and Capital Bank-Gessner.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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