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NATIONAL CITY BANK v. TEXAS CAPITAL BANK

No. 05-10-00028-CV.

353 S.W.3d 581 (2011)

NATIONAL CITY BANK, A Subsidiary of National City Bank Corporation, a Delaware Corporation, Appellant, v. TEXAS CAPITAL BANK, N.A., A National Banking Association, Appellee.

Court of Appeals of Texas, Dallas.

November 23, 2011.

Attorney(s) appearing for the Case

Sean M. Whyte , Charles Christopher Groves , Andrew Omprakash Wirmani , David Lawrence Horan , Jones Day , Dallas, TX, for Appellant.

David M. O'Dens , Settle Pou , Dallas, TX, Stephen Way Shellenberger , Law Office of Stephen Way Shellenberger, P.C., Richardson, TX, for Appellee.

Before Justices MOSELEY, MARTIN RICHTER, and LANG-MIERS.

OPINION

Opinion By Justice MOSELEY.

This is an appeal from a summary judgment in a garnishment action. After the garnishee, appellant National City Bank ("National City"), was served with the writ of garnishment, it liquidated the debtor's investment account and applied the proceeds (approximately $1.2 million) to pay the debtor's obligation to National City (approximately $1.1 million), and paid the remainder of the proceeds (almost $90,000) to the debtor...

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