Federal Deposit Insurance Corp. v. Golden Imports, Inc.

859 S.W.2d 635, 1993 Tex. App. LEXIS 2276

• Court: Court of Appeals of Texas
• Decided: August 12, 1993
• Docket: 01-88-00307-CV
• Status: Published

Opinions

OPINION ON MOTION FOR REHEARING

DUGGAN, Justice.

This is an appeal from a judgment against MBank in a suit for conversion. We withdraw our opinion of October 10, 1991, and substitute this opinion in its place.

Motion for Substitution

MBank Houston National Association (MBank)¹ had already perfected its appeal from the trial court’s final judgment, when, on March 28, 1989, it was declared insolvent and the Federal Deposit Insurance Corporation (FDIC) was appointed as receiver. On June 7, 1989, the FDIC moved for leave to substitute the FDIC as receiver for appellant, MBank; we granted that motion in our original opinion in this cause, issued on December 21, 1989, and the caption of the cause was amended to reflect the substitution. In the interest of clarity, however, references to “appellant” will mean MBank, unless otherwise indicated. The clerk has filed the briefs of the FDIC.

1 . Also known as Gessner Southwest Bank & Trust and Capital Bank-Gessner.