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CITIBANK CREDIT CARD DEBT CASES IN THE HOUSTON APPEALS

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

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
Credit card debts cannot be collected using sworn account proceeding under Rule 185
Williams v. Unifund CCR Partners Assignee of CitiBank 264 S.W.3d 231 (2008)(Tex.App.- Houston [1st Dist.]
Feb. 7, 2008)(Keyes) (
consumer credit card debt suit, judgment reversed, sworn account not proper for credit
card debt collection, attorney's fees)
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)  
(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)

Rodriguez v. Citibank (Tex.App.- Houston [1st Dist.] Jan. 15, 2009)(per curiam dismissal)(nonpayment)
DISMISS APPEAL: Per Curiam  
Before Justices Taft, Bland and Sharp
01-08-00718-CV  Augustine D. Rodriguez v. CitiBank (South Dakota), N.A
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge: Hon. R. 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)
(
deemed admissions, sworn account suit)
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

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