3 More Houston appellate decisions repeat that application to confirm arbitration awards under the FAA may be brought in county civil courts at law (regardless of FAA or TAA or both apply) - Dismissal for want of jurisdiction was therefore error warranting reversal Credigy Receivables, Inc v. Mahinay (Tex.App.- Houston [14th Dist.] Jun. 30, 2009) (Guzman) (county court had jurisdiction over suit to confirm arbitration award regardless of whether TAA or FAA applied)(dismissal for lack of jurisdiction reversed) REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Sullivan 14-07-01091-CV Credigy Receivables, Inc v. Alexander R. Mahinay Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle FIA Card Services, NA f/k/a MBNA America Bank, NA v. Horn (Tex.App.- Houston [14th Dist.] Jun. 23, 2009)(Frost)(suit to confirm arb award under FAA permitted in county court at law, invocation of FAA not jurisdictionally barred, exclusive jurisdiction not given to federal courts) Decision: TRIAL COURT REVERSED AND CASE REMANDED: Opinion by Justice Frost Panel members: Justices Frost, Brown and Boyce 14-08-00024-CV FIA Card Services, N.A. fka MBNA America Bank, N.A. v. Valicia M. Horn Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle FIA Card Srvs's v. Sweet (Tex.App.- Houston [14th Dist.] Jun. 23, 2009)(Frost) (card issuer may seek confirmation of arbitration award entered under FAA in state (county) court) (Federal Arbitration Act is enforced by both state and federal courts, here "state" court is county civil court at law) Decision: TRIAL COURT REVERSED AND CASE REMANDED: Opinion by Justice Frost Panel members: Justices Frost, Brown and Boyce 14-08-00111-CV FIA Card Services, Et Al v. Gregory R. Sweet Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle Confirmation of FAA Arb Award in County Court Not Jurisdictionally Barred, Concurrent Jurisdiction Applies; Federal Preemption not an issue in the absence of conflict Palisades Acquisition XVI, LLC v. Chatman (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(Frost) (suit to confirm arbitration award under FAA erroneously dismissed by trial court) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-08-00108-CV Palisades Acquisition XVI, LLC v. Howard Chatman Attorney for Appellant: Michael J. Adams Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle Court of Appeals says arbitration order not subject to interlocutory appeal Brandt v. MBNA America, N.A. (Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(per curiam dismissal) (trial court order compelling arbitration not appealable) DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-08-01172-CV L.T. Bradt and Joseph Rothstein v. MBNA America, N.A. Appeal from 240th District Court of Fort Bend County Trial Court Judge: Thomas Ralph Culver Unifund successfully defends summary judgment in court of appeals Weissman v. Unifund CCR Partners (Tex.App.- Houston [14th Dist.] Arp. 2, 2009)(Yates) (debt collection suit, FDCPA claim) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Boyce 14-07-00863-CV Janice M. Weissman v. Unifund CCR Partners Assignee of Discover Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Linda Storey Unifund drops appeal in unsuccessful debt suit Unifund CCR Partners v. Bade (Tex. App. – Houston [14th Dist.] Mar. 12, 2009) (dismissed on motion of appellant) DISMISSED: Per Curiam Before Justices Frost, Brown and Boyce 14-09-00135-CV Unifund CCR Partners v. Matthew Bade Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Jacqueline Lucci-Smith Summary Judgment for debt collector reversed - failure to prove terms of contract Barajas v. Harvest Credit Management VI-B, LLC (Tex.App.- Houston [14th Dist.] Aug. 28, 2008) (Guzman) (credit card debt suit, summary judgment for debt collector reversed, contract terms not proven) REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-07-00048-CV Celia Barajas v. Harvest Credit Management, VI-B, LLC as assignee of Metris Direct Merchants Bank Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Linda Storey Attorney for Consumer / Defendant / Appellant: Charlie C. Williams Attorney for Debt Collector / Appellee: Christopher P. Carnohan Countersuit against debt collection law firm fails -Court of Appeals affirms summary judgment Calloway v. James N. Hull & Associates, PC (Tex.App. - Houston [14th Dist.] Feb. 24, 2009) (Brown) (suit against debt collector's attorney fails, summary judgment) AFFIRMED: Opinion by Justice Brown Before Justices Frost, Brown and Boyce 14-07-00834-CV Trish R. Calloway v. James N. Hull & Associates, P.C. a/k/a Hull & Associates, P.C. and LVNV Funding LLC Appeal from 113th District Court of Harris County Trial Court Judge: Patricia Ann Hancock CA Partners v. Marshall Spears (Tex.App.- Houston [14th Dist.] Aug. 21, 2008)(Fowler) (debt collection, deed of trust, DTPA, DJA, attorneys fees reversed and remanded) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler Before Justices Fowler, Seymore and Guzman 14-07-00057-CV CA Partners v. Marshall Spears and CitiFinancial, Inc. Appeal from 212th District Court of Galveston County Trial Court Judge: Susan Elizabeth Criss Representatives for this Party: Attorneys for Appellant: Noel West Short, Gregory Sherwood, Travis D. Weitzel Attorneys for Appellee: Corwin L. Teltschik, John Hatchett McFarland, L.T. Bradt, Betsy Lynn Grubbs, Justin Presnal Debt Collector prevails in appeal from judgment based on deemed admissions and its own business records affidavit; challenges to affidavit overruled Unifund CCR Partners v. Gellatly (Tex.App.- Houston [1st Dist.] July 3, 2008)(Nuchia) (credit card suit by assignee against consumer, deemed admissions, sufficiency of summary judgment proof, breach of contract and quantum meruit exclusive of each other) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Alcala and Hanks 01-07-00552-CV Unifund CCR Partners v. Sara Morgan Gellatly Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Attorney for Debt Collector / Appellant: Anh Huynh Regent Attorney for Consumer / Cardholder / Defendant / Appellee: Attorney James T. Mcmillen Rowlands v. Unifund CCR Assignee of Citibank (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Justice Frost)(consumer debt case, deemed admissions) AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-05-01122-CV Keith Rowlands v. Unifund CCR as Assignee of Citibank Appeal from Count Civil Court at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull) Attorney for Appellant: John Victor Mastriani Attorneys for Unifund: James N. Hull, Brian Edward Staley Fourteenth Court of Appeals lets debt collector who did not prove up the underlying contract prevail with quantum meruit claim as an alternative; also approves statutory attorney's fees for quantum meruit claim. McElroy v. Unifund CCR Partners (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Boyce) (judgment in credit card debt suit affirmed, contract, quantum meruit, attorney's fees, business records affidavit held adequate; evidentiary challenge overruled) AFFIRMED: Opinion by Justice Bill Boyce Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00661-CV Peggy S. McElroy v. Unifund CCR Partners Assignee of America Online - Platinum Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd Attorney for defendant / consumer / appellant: John V. Mastriani Attorneys for Unifund: Jennifer Spencer, Michael D. Conner, Eric Lipper Judgment for Creditor in Credit Card Suit Upheld - Challenge to plaintiff's summary judgment evidence rejected; attorney's fees also affirmed in the absence of controverting evidence on what rate would have been reasonable Duran v. Citibank (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Taft) (consumer credit, suit by creditor, summary judgment, attorney's fees, creditor prevails) AFFIRM TC JUDGMENT: Opinion by Justice Tim Taft 01-06-00636-CV Zeke Duran, III v. Citibank (South Dakota), N.A. Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Attorney: John V. Mastriani for Appellant Attorneys Jennifer Spencer, Michael D. Conner, Eric Lipper for Appellee Citibank Appeals court rules in favor of consumer in credit card suit Williams v. Unifund CCR Partners Assignee of Citibank, No. 01-06-00927-CV — SW3d —, 2008 WL 339855 (Tex.App.—Houston [1st Dist.] Feb. 7, 2008, no pet. h.)(Plaintiff failed to produce the Card Agreement “or any document that established the agreed terms, including the applicable interest rate or the method for determining the applicability and amount of finance charges.) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-06-00927-CV Edward Williams v. Unifund CCR Partners Assignee of CitiBank Appeal from County Civil Court at Law No 3 of Harris County (Judge Lynn Bradshaw-Hull) Credit card debt collector's suit dismissed - aourt of appeals affirms Hudson & Keyse, LLC v. Gipson (Tex.App. - Houston [1st Dist.] Jan. 31, 2008)(Jennings) (credit card debt suit, DWOP, substitute service, motion to reinstate) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00380-CV Hudson & Keyse, L.L.C. v. Lavern W. Gipson and Emmett Gipson Appeal from County Civil Court at Law No 1 of Harris County (Hon. Jack Cagle) Debt Collector Prevails with Dubious Legal Theories Based on Deemed Admissions; Whether Suit on Sworn Account Is Proper for Collection of Credit Card Debt Is Not Decided In This Appeal from a Debt Collection Suit Rowlands v. Unifund CCR Assignee of Citibank (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Justice Frost) AFFIRMED: Opinion by Justice Kem Frost Before Justices Fowler, Edelman and Frost 14-05-01122-CV Keith Rowlands v. Unifund CCR as Assignee of Citibank Appeal from County Civil Court at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull) Because the deemed admissions establish as a matter of law that no genuine issue of material fact exists as to the essential elements of Unifund's claim, summary judgment was proper. Accordingly, we overrule Rowland's issues and affirm the trial court's judgment. Attorney for Unifund CCR: James N. Hull and Brian Edward Staley Attorney for Keith Williams Rowlands: John Victor Mastriani Stelly v. Citibank (Tex.App.- Houston [14th Dist.] May 15, 2008)(Hedges) (credit card debt suit, appeal mooted by trial court's grant of motion for new trial after notice of appeal was filed) DISMISSED: Opinion by Chief Justice Adele Hedges 14-07-00601-CV Diane T. Stelly v. Citibank (South Dakota) N.A. Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd Attorney for Appellant: George R. Neely Attorney for Appellee Citibank: Allen Lee Adkins Hayes v. Wells Fargo Bank (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Radack) (business law, debt, suit for default under promissory note, balloon payment, right to jury trial waived by failure to timely pay jury fee) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-06-00720-CV Leroy Hayes, Jr. v. Wells Fargo Bank, N.A. Appeal from 280th District Court of Harris County (Hon. Tony Lindsay) Attorney for Appellant: Leroy Hayes Jr. Attorney for Appellee: Harry Herzog Ghia Sikander v. AMEX (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Seymore) (credit card debt) AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Edelman and Seymore 14-06-00653-CV Sikander Ghia aka Ghia Sikander, Individually v. American Express Travel Related Services Appeal from County Civil Court at Law No 3 of Harris County (Hon. Lynn M. Bradshaw-Hull) Attorney for Appellant: John Victor Mastriani Attorney for Appellee: Cristina Mireles Cooper Stewart v. Unifund CCR Partners, LLC (Tex.App.- Houston [1st Dist.] May 17, 2007)(per curiam) (involuntary dismissal, failure to pay for record) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Hudson and Guzman 14-07-00157-CV Rebecca Stewart v. Unifund CCR Partners, LLC as Assignee of Palisades Collection LLC Appeal from County Civil Court at Law No 4 of Harris County (Hon. Roberta Anne Lloyd) Attorney for Appellant: None - Rebecca Stewart, pro se Attorney for Appellee: James N. Hull Knopp v. CitiBank (South Dakota) N.A. (Tex.App.- Houston [1st Dist.] May 17, 2007)(May 17, 2007) (per curiam)(agreed motion to dismiss granted) DISMISSED: Per Curiam Before Justices Brock Yates, Edelman and Seymore 14-06-01145-CV Craig F. Knopp v. CitiBank (South Dakota) N.A Appeal from County Civil Court at Law # 1 of Harris County (Judge R. Jack Cagle) Attorney for Consumer/Defendant/Appellant: John Victor Mastriani Attorney for Citibank, Appellee: Eric Lipper Winchek v. American Exp. Travel Related Servs. Co., 232 S.W.3d 197 (Tex. App.— Houston [1st Dist.] 2007, no pet.)(summary judgment based on breach of credit card agreement affirmed) Winchek v. AMEX (Tex.App. - Houston [1st Dist.] May 17, 2007)(Higley) (debt collection, credit card debt suit) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Keyes and Higley 01-06-00392-CV Mary Winchek v. American Travel Related Services Appeal from County Civil Court at Law No 3 of Harris County (Judge Lynn Bradshaw-Hull) Representative appearing for Appealing Party: Attorney John V. Mastriani Representative of prevailing party in the court below: Attorney B. Bruce Johnson, Counsel for Amex Landaverde v. Centurion Capital Corporation (Tex.App.- Houston [14th Dist.] Jun. 28, 2007)(Hedges) (sworn account suit not proper to collect credit card debt, deemed admissions don't support judgment, more relief granted than requested in motion for summary judgment) SUMMARY JUDGMENT FOR CREDITOR REVERSED AND CASE REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00712-CV Jose A. Landaverde v. Centurion Capital Corporation Representing Defendant on Appeal: Jose A. Landaverde, in propria persona Representing Plaintiff / Appellee: Attorney Anthony Christopher Waddell |
| Credit Card and Debt Collection Case Law from the Houston Courts of Appeal Houston Opinions |
