to fill out a simple form to connect to Personal Injury Lawyers in your area.

Frost National Bank v. Heafner


fraud against Heafner, and did not comply with the deposit account agreement. Heafner was awarded $18,488, plus interest in actual damages; $400,00 in exemplary damages; and attorney's fees. This appeal by Frost followed. Damages

In issue one, Frost asserts the evidence is legally and factually insufficient to support the jury's findings on causation under her theories of breach of contract, violation of the DTPA, and fraud. Waiver of complaint

Heafner asserts that Frost has waived its argument about causation because Frost's complaint focuses on whether its breach of the deposit account agreement was the "cause-in-fact" of Heafner's injuries. Heafner contends her injuries "resulted from" Frost's breach.

On appeal, Frost contends there is no evidence that its breach of the deposit account agreement was the cause-in-fact of Heafner's injury. Frost's issue on appeal is sufficient to challenge all causation findings. See Tex. R. App. P. 38.1(e); see also Bransom v. Standard Hardware, Inc., 874 S.W.2d 919, 923 (Tex. App.-Fort Worth 1994, writ denied) (holding that complaints of legal and factual insufficiency to support a particular finding, and challenges directed against any legal Conclusions based upon the finding, may be combined under a single point of error raising both contentions). Therefore, Frost did not waive its complaint on appeal.

Proof of causation

When both legal sufficiency and factual sufficiency points of error are raised on appeal, we address the legal sufficiency point first. Glover v. Texas Gen. Indem. Co., 619 S.W.2d 400, 401 (Tex. 1981); Neese v. Dietz, 845 S.W.2d 311, 312 (Tex. App.-Houston [1st Dist.] 1992, writ denied). In reviewing a legal insufficiency point, we consider only the evidence and inferences, when viewed in their most favorable light, that tend to support the finding, and disregard all evidence and inferences to the contrary. Havner v. E-Z Mart Stores, Inc., 825 S.W.2d 456, 458 (Tex. 1992); Sherman v. First Nat'l Bank, 760 S.W.2d 240, 242 (Tex. 1988); Neese, 845 S.W.2d at 312. If there is any evidence of probative force to support the finding, we overrule the point and uphold the finding. Sherman, 760 S.W.2d at 242; Neese, 845 S.W.2d at 312. That is, if there is more than a scintilla of evidence, we will not overturn the jury's findings. Sherman, 760 S.W.2d at 242.

In reviewing a factual insufficiency point, we consider and weigh all of the evidence; we will set aside the verdict only if the evidence is so weak or the finding so against the great weight and preponderance of the evidence that it is clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); Neese, 845 S.W.2d at 313. We will not substitute our opinion for that of the trier of fact. Neese, 845 S.W.2d at 813.

Frost does not challenge the jury finding on breach of contract. Instead, Frost contends its breach merely created a condition that made any injury suffered by Heafner possible. Frost argues there is no evidence its actions caused Heafner's injuries because the $10,000 went into Heafner's business account at Bank United. Frost relies on Davis Aircraft Prods. Co. v. Bankers Trust Co., 319 N.Y.S.2d 379 (1971), for the proposition that, when a person's money is taken from their account at one bank and deposited into their account at another bank, that person does not suffer any legal injury. We disagree.

It is clear that Frost is liable for damages caused to Heafner resulting from the forgeries. Section 4.401 of the Texas Business and Commerce Code sets forth the general rule that a bank may only charge against a customer's account an item properly payable from that account. See Tex. Bus. & C

Page 1 2 3 4 5 6 7 

Texas Personal Injury Attorneys    Personal Injury Lawyers

  to fill out a simple form to connect to Personal Injury Lawyers in your area.

Personal Injury Lawyers Brain Injuries Spinal Cord Injuries
Quadriplegia and Paraplegia Back Injuries Ruptured & Herniated Disks
Bulging Disk Neck Injuries Dog Bites
Toxic Mold Product Liability Fire Accidents
Trucking Accidents Boating Accidents Car Accidents
Plane Crashes Medical Malpractice Motorcycle Accidents
Wrongful Death Personal Injury Lawsuits Testimonial
 RSS Feeds  |  Articles  |  Jobs  |  Leads
SiteMap | Attorney Registration | PI Case Laws
| Personal Injury Lawyers Directory | Success Stories | Press Releases
Copyright © 2005. “National Association of Personal Injury Lawyers (NAPIL)”. All rights reserved.
By using the system, you agree to TERMS OF SERVICE