JO ANN BOOKER v. BANK OF AMERICA (2010)

MEMORANDUM OPINION

Opinion By Justice FitzGerald

Jo Ann Booker appeals the take-nothing summary judgment entered against her and in favor of Bank of America, N.A. (the Bank).   We conclude the dispositive issue before us is clearly settled in law.   Accordingly, we issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4.   The factual nature of this case, as well as its procedural history, pleadings, and evidence are known to the parties.   Therefore, we do not recount these matters.   We affirm the trial court's judgment.

In a series of petitions, Booker sued the Bank alleging breach of contract, negligence, breach of fiduciary duty, breach of implied and express warranties, negligent misrepresentation, violations of the Texas Deceptive Trade Practices Act, intentional misrepresentation and conspiracy to conceal fraud, gross negligence, libel and slander, and “negligent culpability.”   Each of Booker's claims related to her contention that the Bank removed her name from two checking accounts without her knowledge and permission.   In a corresponding series of motions for summary judgment, the Bank urged both traditional and no-evidence grounds for judgment in its favor on each of Booker's claims.   Booker did not come forward with any competent summary judgment evidence.

When a party moves for summary judgment under rule 166a(i), asserting that no evidence exists as to one or more elements of a claim on which the nonmovant would have the burden of proof at trial, the burden is on the nonmovant to present enough evidence to raise a genuine issue of material fact on each of the challenged elements.  Tex.R. Civ. P. 166a(i);  Gen. Mills Rest., Inc. v. Tex. Wings, Inc., 12 S.W.3d 827, 832 (Tex.App.-Dallas 2000, no pet.).   If the nonmovant fails to do so, the trial judge must grant the motion.  Id. Because Booker did not present summary judgment evidence sufficient to raise a genuine issue of fact on any of the challenged elements of her claims, the trial court correctly granted the take-nothing summary judgment.   See id.

We affirm the judgment of the trial court.

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KERRY P. FITZGERALD JUSTICE