Texas Supreme Court

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

March 9, 201255 Tex. Sup. Ct. J. 409

Summary

The Texas Supreme Court affirmed the Court of Appeals judgment that Guaranty Bank breached the deposit agreement by refusing to pay the estate administrator, holding that the breach cause of action accrued when the administrator was appointed in 2003 and that the bank failed to preserve any affirmative defenses, including the statute of repose and estoppel, thus denying the bank’s petition and the administrator’s cross‑petition for attorney’s fees.