BIRD v. FIRST DEPOSIT NAT. BANK

No. 08-98-00137-CV.

994 S.W.2d 280 (1999)

Karen Smith BIRD, Appellant, v. FIRST DEPOSIT NATIONAL BANK, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled June 23, 1999.


Attorney(s) appearing for the Case

John C. Schwambach, Jr., Houston, for appellant.

James Brendan Carroll, Dallas, for appellee.

Before Panel No. 4 BARAJAS, C.J., LARSEN, and McCLURE, JJ.


OPINION

SUSAN LARSEN, Justice.

This restricted appeal involves the issue of whether a credit card debt may properly be subject to a suit on a sworn account. We find that it may not, at least not in cases involving the advance of money by a financial institution that is neither a merchant nor supplier of services. We therefore reverse and remand.

Procedural History

First Deposit National Bank sued Karen Smith Bird for debts...

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