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SUNWEST BANK v. BASIL SMITH ENGINEERING

No. 08-95-00297-CV.

939 S.W.2d 671 (1996)

SUNWEST BANK OF EL PASO, an affiliate of Sunwest Financial Services, Inc., and its predecessor, American Bank of Commerce, Appellant, v. BASIL SMITH ENGINEERING COMPANY, INC., and Basil Smith, Individually, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled January 29, 1997.

Attorney(s) appearing for the Case

E. Link Beck, E. Link Beck & Associates, El Paso, for appellant.

Marvin K. Foust, Marvin Foust, P.C., Mark Berry, El Paso, for appellees.

Before BARAJAS, C.J., and LARSEN and CHEW, JJ.

OPINION

LARSEN, Justice.

This is an appeal by the defendant bank from adverse jury findings on theories of conversion and negligence. We reverse and render, based on the bank's statute of limitations defense.

FACTS

The appellee, Basil Smith, is an engineer in El Paso, Texas. In the late 1960s, Smith began doing business with North American Land Development ("NALD"). NALD was developing raw land in Timberon, New Mexico into...

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