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BARTH v. BANK OF AMERICA, N.A.

No. 10-0659.

351 S.W.3d 875 (2011)

Jerry L. BARTH, Petitioner, v. BANK OF AMERICA, N.A., Respondent.

Supreme Court of Texas.

Decided August 26, 2011.

Attorney(s) appearing for the Case

Gilberto Hinojosa , Gilberto Hinojosa & Associates PC, Brownsville, TX, Carlos Escobar , Escobar Law Firm, PLLC, McAllen, TX, for Jerry L. Barth.

Michael D. Conner , Eric Scott Lipper , Michael F. Hord Jr. , Eric Mettenbrink , Hirsch & Westheimer, P.C., Houston, TX, for Bank of America, N.A.

PER CURIAM.

Jerry L. Barth sued "Bank of America Corporation". Bank of America, N.A. answered, asserting that it had been, in its words, "incorrectly named". At trial, the witnesses referred simply to "Bank of America", with one exception: Bank of America, N.A.'s corporate representative testified, in response to a question by Bank of America, N.A.'s counsel regarding the "actual entity [involved in the dispute] that we're here over today", that it was "Bank of America...

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