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COMPASS BANK v. CALLEJA-AHEDO

No. 17-0065.

569 S.W.3d 104 (2018)

COMPASS BANK, Petitioner, v. Francisco CALLEJA-AHEDO, Respondent.

Supreme Court of Texas.

OPINION DELIVERED: December 21, 2018.

Rehearing Denied March 29, 2019.

Attorney(s) appearing for the Case

Karen Sue Neeley , Kennedy Sutherland LLP, 1717 W. 6th Street, Suite 441, Austin TX 78703, for Amicus Curiae.

William P. Huttenbach , Michael D. Conner , Hirsch & Westheimer PC, Wedge International Tower, 1415 Louisiana St., 36th Floor, Houston TX 77002, for Petitioner.

Michael C. O'Connor , Lesley C. O'Connor , O'Connor & Craig, P.C., 2825 Wilcrest Drive, Suite 261, Houston TX 77042, for Respondent.

An identity thief drained Francisco Calleja-Ahedo's bank account through a series of fraudulent transactions in 2012 and 2013. Calleja sued his bank to recover the stolen funds. The question now is whether Calleja or his bank must suffer the financial consequences of the theft. Section 4.406...

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