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Supreme Court of Texas


Gaines v. Kelly, 05-1092

In a suit brought claiming breach of contract, fraud, and negligence, based on allegations that defendants' failure to fund a loan caused plaintiff financial loss, a court of appeals' decision reversing a no-evidence summary judgment for the lender is reversed as there was no evidence that defendant-mortgage broker had apparent authority either to negotiate the terms of the loan or otherwise commit the lender.

Appellate Information

  • Argued 12/05/2006
  • Decided 08/24/2007
  • Published 08/24/2007

Judges

  • Justice MEDINA delivered the opinion of the Court.

Court

  • Supreme Court of Texas

Counsel

  • For Appellant:
  • Janiece Longoria, Joseph Robert Larsen and Keith Robert Lorenze, Ogden, Gibson, White, Broocks & Longoria, L.L.P., Houston, TX, for Petitioners., Richard P. Corrigan, San Antonio, TX, for Other.

  • For Appellees:
  • Michael J. Rogers, Jeffrey S. Davis, Michael J. Rogers, P.C., Cleburne, TX, and Tom P. Briggs, Berry, Briggs, Brown & Berkley, Dallas, TX, for Respondent.
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