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BANK OF AMERICA, N.A. v. HUBLER

No. 10-05-00404-CV.

211 S.W.3d 859 (2006)

BANK OF AMERICA, N.A., Appellant, v. Helen HUBLER, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled January 16, 2007.

Attorney(s) appearing for the Case

Thomas M. Valega, Jr., Hirsch & Westheimer, PC, Houston, for appellant.

Steven M. Burton, Sheehy Lovelace & Mayfield, Waco, David L. Hodges, Amsler Amsler & Stearns, McGregor, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

FELIPE REYNA, Justice.

Helen Hubler filed suit against Bank of America, N.A. after the Bank withdrew funds from her account to pay a check for which the Bank had previously stopped payment. The court rendered judgment in Hubler's favor. On appeal, the Bank contends: (1) there is no evidence or factually insufficient evidence that it breached the parties' deposit agreement; (2) there is no evidence or factually insufficient evidence of contractual...

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