Federal Deposit Insurance Corp. as Receiver for Guaranty Bank, Petitioner v. Christa C. Lenk

Summary

The Texas Supreme Court affirmed the Court of Appeals' judgment that Guaranty Bank breached the deposit agreement with the estate administrator, holding that the breach claim accrued when the administrator was appointed in 2003 and that the bank failed to raise any affirmative defenses. The Court also affirmed the denial of the administrator's cross‑petition for attorney's fees because the issue was not preserved on appeal. Justice Hecht, dissenting, argued that demand‑based claims do not exist under §34.301(b) and that the majority's ruling would create a windfall for estates and harm the banking industry.