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COMMUNITY BANK & TRUST, S.S.B. v. FLECK

No. 00-1122.

107 S.W.3d 541 (2002)

COMMUNITY BANK & TRUST, S.S.B., Petitioner, v. Ardell FLECK, as Independent Administratix for the Estate of Mabel Wright, Deceased, Respondent.

Supreme Court of Texas.

Rehearing Denied July 17, 2003.

Attorney(s) appearing for the Case

Mary Margaret Parker, John Andrew Cowan, Provost Umphrey Law Firm LLP, Beaumont, for petitioner.

Ted L., Walker, Jasper, for respondent.

PER CURIAM.

Respondent Ardell Fleck, personal representative of the estate of Mable Wright, sued petitioner Community Bank & Trust for honoring five forged checks written on Wright's account before her death. Wright's deposit agreement with the Bank required that she notify the Bank of "an unauthorized signature or alteration within a reasonable time (not to exceed 14 days) after we [the Bank] send or make available to you your statement and items". Fleck did...

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