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

> Texas Court of Appeals, 1st District (Houston) · August 12, 1993 · 859 S.W.2d 635

URL: https://www.frixlaw.com/law-library/cases/9763446

## Case

- **Full name:** FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for MBank Houston-National Association, Appellant, v. GOLDEN IMPORTS, INC. and Michael J. Montalbano, Appellees
- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** August 12, 1993
- **Citations:** 859 S.W.2d 635; 1993 Tex. App. LEXIS 2276
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Duggan
- **Judges:** Duggan, O'Connor, Hedges
- **Cited by:** 24 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/9763446

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9763446. Public record. Not legal advice.