FEDERAL DEPOSIT INSURANCE CORP. AS RECEIVER FOR GUARANTY BANK v. CHRISTA C. LENK, ADMINISTRATOR OF THE ESTATE OF JOHN ALBERT THOMPSON (Dissenting)

SUPREME COURT CASES

Laws-info.com » Cases » Texas » Supreme Court » 2012 » FEDERAL DEPOSIT INSURANCE CORP. AS RECEIVER FOR GUARANTY BANK v. CHRISTA C. LENK, ADMINISTRATOR OF THE ESTATE OF JOHN ALBERT THOMPSON (Dissenting)

State: Texas

Court: Supreme Court

Docket No: 08-0908

Case Date: 03/09/2012

Judge: I respectfully dissent.

Plaintiff: FEDERAL DEPOSIT INSURANCE CORP. AS RECEIVER FOR GUARANTY BANK

Defendant: CHRISTA C. LENK, ADMINISTRATOR OF THE ESTATE OF JOHN ALBERT THOMPSON (Dissenting)

Preview:IN THE SUPREME COURT OF TEXAS
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NO. 08-0908
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FEDERAL DEPOSIT INSURANCE CORP. AS RECEIVER FOR GUARANTY BANK, PETITIONER,
v.

CHRISTA C. LENK, ADMINISTRATOR OF THE ESTATE OF JOHN ALBERT THOMPSON, RESPONDENT
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ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE FOURTH DISTRICT OF TEXAS
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JUSTICE HECHT, joined by JUSTICE GREEN, dissenting.

John Albert Thompson died in January 2000 with about $3,000 on deposit in a Guaranty Bank checking account. A few weeks later, Mel Spillman falsely represented to the Bank that he was Thompson's nephew and estate administrator, and directed that he be named on Thompson's account. The Bank complied. Spillman then deposited around $167,000 to the account, and over the next several months proceeded to withdraw all but a small amount that was eaten up in service charges. The Bank closed the account on September 13, 2001. Spillman was a fraud. He forged letters of administration in dozens of estates like Thompson's. In June 2002, he was sentenced to ten years in prison. In September 2003, Christa Lenk was appointed administrator of Thompson's estate and several others Spillman had defrauded. In June 2005, Lenk demanded that the Bank repay the funds

Spillman had withdrawn from Thompson's account years earlier. The Bank refused, and Lenk sued. The trial court granted summary judgment for the Bank; the court of appeals reversed, holding that summary judgment should have been granted for Lenk.1 The first sentence of Section 34.301(b) of the Texas Finance Code states: "A cause of action for denial of deposit liability on a deposit contract without a maturity date does not accrue until the bank has denied liability and given notice of the denial to the account holder."2 Lenk contends that her action against the Bank for allowing unauthorized withdrawals from Thompson's checking account until January 2001 accrued in June 2005, when she demanded that the Bank return the money, and the Bank refused. The Court agrees that this is Lenk's contention -- "[Lenk] claimed the bank breached the deposit agreement by refusing her payment demand"3 -- and that it is correct -- "the bank refused to pay general deposit funds to the rightful account holder (Lenk), and so . . . breached the deposit agreement."4 But Lenk's claim ignores the second sentence of Section 34.301(b): "A bank that provides an account statement or passbook to the account holder is considered to have denied liability and given the notice as to any amount not shown on the statement or passbook."5 In Jefferson State

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___ S.W.3d ___ (Tex. App.

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