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BANK OF AMERICA, N.A. v. BARTH

No. 13-08-00612-CV.

352 S.W.3d 7 (2010)

BANK OF AMERICA, N.A., Appellant, v. Jerry L. BARTH, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing and Motion for En Banc Reconsideration Overruled July 16, 2010.

Attorney(s) appearing for the Case

Michael D. Conner , Eric Lipper , Michael F. Hord, Jr. , Hirsch & Westheimer, P.C., Houston, for Appellant.

Carlos Escobar , Magallanes & Hinojosa, Brownsville, Rodney W. Sipes , Sipes & Associates, PLLC, Edinburg, for Appellee.

Before Justices RODRIGUEZ, GARZA, and BENAVIDES.

MEMORANDUM OPINION

Memorandum Opinion by Justice RODRIGUEZ.

Appellee Jerry L. Barth sued Bank of America Corporation claiming that he paid more than he owed on a line of credit. Appellant Bank of America, N.A. answered stating that it was incorrectly named as Bank of America Corporation. Bank of America, N.A. asserted various affirmative defenses and sought recovery of its attorney's fees by counterclaim. The case...

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