American Express Centurion Bank v. Minckler
2011 Tex. App. LEXIS 5146
Tex. App.2011Background
- American Express Centurion Bank sued Sarah Minckler for breach of the cardmember agreement, alleging May 2004–February 2008 credit advances and a remaining balance not less than $15,550.68.
- The trial court found a breach but awarded no damages, citing a March 2008 cardmember agreement date after the alleged default.
- Minckler, pro se, answered that she could not repay the debt due to financial hardship but did not deny the contract, breach, or damages.
- American Express served discovery requests, including admissions; Minckler failed to answer, so the requests were deemed admitted.
- Trial evidence included a March 2008 agreement, February 2006–February 2008 monthly statements showing charges and payments, and a February 20, 2008 balance of $15,512.68.
- The court ultimately reversed, rendering judgment for damages in the amount of $15,512.68 and remanding for prejudgment interest and attorney’s fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Damages after breach were proper despite the later contract date | Admissions and trial evidence prove contract existed and breach caused damages of $15,512.68. | Damages could not be awarded because the contract date shown at trial postdates the default. | Damages awarded; trial court erred by denying damages. |
| Effect of deemed admissions on contract, breach, and damages | Unanswered admissions establish contract existence, duty to repay, breach, and amount due. | No separate argument provided; misalignment with trial defenses. | Deemed admissions conclusively established contract, breach, and amount due. |
Key Cases Cited
- Winchek v. American Express Travel Related Servs. Co., 232 S.W.3d 197 (Tex. App.—Houston [1st Dist.] 2007) (continued card use and payments establish contract terms)
- City of Keller v. Glover, 168 S.W.3d 802 (Tex. 2005) (fact-findings sufficiency; judgments can be sustained on any legal theory in the record)
- In re W.E.R., 669 S.W.2d 716 (Tex. App.-Dallas 1984) (implied findings are not conclusive when record exists)
- Sixth RMA Partners, L.P. v. Sibley, 111 S.W.3d 46 (Tex. 2003) (implied fact findings, standard of review for sufficiency)