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appeal in Houston Courts of Appeals |  American Express appeals | Citibank credit card debt collection lawsuits | |
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HOUSTON APPEALS IN UNIFUND DEBT COLLECTION SUITS

Simien v. Unifund CCR Partners (pdf) (Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(Alcala) (credit card debt suit)
(judgment for debt buyer affirmed)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala    
Before Justices Keyes, Alcala and Hanks   
01-08-00593-CV  Michelle D. Simien v. Unifund CCR Partners   
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Hon. Roberta A. Lloyd   

Unifund successfully defends summary judgment in court of appeals
Weissman v. Unifund CCR Partners (Tex.App.- Houston [14th Dist.] Apr. 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 Unifund's motion)
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  

Countersuit against debt collection law firm handling Unifund cases in Houston fails - Court of
Appeals affirms summary judgment for debt collection law firm
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 for defendant)
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

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)
(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 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  

Unifund Prevails Based on Deemed Admissions
Unifund CCR Partners v. Gellatly (Tex.App.- Houston [1st Dist.] July 3, 2008)(Nuchia)
(
credit card suit by assignee of card issuer against consumer, deemed admissions, sufficiency of summary
judgment proof,
breach of contract and quantum meruit claim exclusive of each other, incompatible)
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  
Because the
deemed admissions conclusively prove the existence of a contract, quantum meruit is not available
as a theory of recovery. Fortune Prod. Co. v. Conoco, Inc., 52 S.W.3d 671, 684 (Tex. 2000) (holding that
because party to contract bound by express agreement,
quantum meruit not available where express contract
proven).

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.)

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 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

Consumer's Appeal in Debt Collection Suit Dismissed for Failure to Pay for the Appellate Record
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

UNIFUND CCR PARTNERS IN OTHER TEXAS COURTS OF APPEALS

Unifund loses debt suit appeal in Dallas Court of Appeals, dismissal for want of prosecution affirmed   
Unifund wins with deemed admissions in Texas Supreme Court: Limitations defense was not properly pleaded  
Unifund sanctioned for bringing suit to collect debt that had been discharged in bankruptcy  (reversed by Texas
Supreme Court)