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CAPITAL ONE BANK (USA), N.A. v. CONTI

No. 04-10-00295-CV.

345 S.W.3d 490 (2011)

CAPITAL ONE BANK (USA), N.A., Appellant, v. Duane CONTI, Appellee.

Court of Appeals of Texas, San Antonio.

February 2, 2011.

Attorney(s) appearing for the Case

Michael J. Scott , Michael J. Scott, P.C., Carrollton, TX, for Appellant.

Jeffery K. Thornell , Law Office of Jeffery K. Thornell, San Antonio, TX, for Appellee.

Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by: SANDEE BRYAN MARION, Justice.

Appellant, Capital One Bank (USA), NA. ("Capital One"), appeals from the trial court's order rendering summary judgment in favor of appellee, Duane Conti, and awarding attorneys' fees to appellee. We reverse and remand.

BACKGROUND

Capital One sued Conti for breach of a credit card account contract and for amounts owed pursuant to the account. Conti asserted the affirmative defense of limitations...

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