ORIX CAPITAL MARKETS v. WASHINGTON MUT. BK.

No. 05-07-00860-CV.

260 S.W.3d 620 (2008)

ORIX CAPITAL MARKETS, L.L.C. and Orix USA Corporation, Appellants, v. WASHINGTON MUTUAL BANK, f/k/a Washington Mutual Bank, F.A., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled August 27, 2008.


Attorney(s) appearing for the Case

Gregory D. May, Amy N. Howell, Dallas, TX, for Appellant.

Cheryl E. Diaz, Debora McWilliams Alsup, Thompson & Knight, L.L.P., Austin, TX, for Appellee.

Before Justices WHITTINGTON, RICHTER, and MAZZANT.


OPINION

Opinion by Justice WHITTINGTON.

In this breach of contract case, each party moved for summary judgment. The trial judge granted the motion of appellee Washington Mutual Bank, f/k/a Washington Mutual Bank, F.A., and denied the motion of appellants Orix Capital Markets, L.L.C. and Orix USA Corporation (Orix). In two issues, Orix contends the trial judge erred in denying its motion for summary judgment and granting Washington Mutual's motion. Because...

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