Federal Deposit Insurance Corp. v. Lenk
361 S.W.3d 602
| Tex. | 2012Background
- FDIC sues as receiver for Guaranty Bank over alleged breach of a deposit agreement after unauthorized withdrawals from Thompson's account.
- Spillman forged letters of administration, enabling access to Thompson's and another decedent's accounts; most funds withdrawn by Spillman.
- Guaranty Bank closed Thompson's account in 2001 after depletion from Spillman’s withdrawals and bank charges.
- Lenk appointed Thompson's estate administrator in 2003; she demanded full recovery in 2005 and filed suit against the banks.
- Jefferson State Bank v. Lenk (Tex.2010) governs accrual timing and that a bank must provide statements to the true account holder, not an impostor; this case mirrors Jefferson State Bank in key facts and defenses.
- Court holds Guaranty Bank breached the deposit agreement but did not present viable affirmative defenses; cross-petition for attorney's fees denied; judgment affirmed for Lenk.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does the breach accrue under 34.301(b)? | Lenk's action accrues when appointed in 2003. | Accrual occurs when bank denied liability via statements to Spillman in 2000. | Accrual in 2003 after appointment; statements to imposter do not trigger accrual. |
| Is estoppel by acquiescence preserved? | Lenk’s breach claim relies on bank’s denial. | Estoppel by acquiescence would bar claim. | Guaranty Bank did not preserve acquiescence as an affirmative defense; not considered. |
| May reliance on forged letters of administration excuse liability? | Bank relied on Spillman’s forged letters to permit access. | Bank should be able to rely on letters of administration. | Issue not reached due to preservation concerns; court declines to consider. |
| Was the cross-petition for attorney's fees properly raised? | Lenk sought attorney's fees. | Fees issue not properly raised in court of appeals. | Denied; attorney's fees not properly raised. |
Key Cases Cited
- Jefferson State Bank v. Lenk, 323 S.W.3d 146 (Tex.2010) (accrual timing under 34.301(b); estate representative appointment governs burden)
- Shannon v. Shannon, 159 S.W.3d 401 (Tex.2000) (demand-based claims recognized historically; accrual principles)
- Hodge v. Northern Trust Bank of Texas, 54 S.W.3d 518 (Tex.App.-Eastland 2001) (bank must prove payment under authority from depositor; not applicable when imposter)
- Mesquite State Bank v. Professional Investor Corp., 488 S.W.2d 73 (Tex.1972) (burden on bank to prove payment of deposit)
- Upper Valley Aviation, Inc. v. Mercantile Nat'l Bank, 656 S.W.2d 952 (Tex.App.-Dallas 1983) (deposit creates debtor-creditor relationship; breach for refusal to pay)
- Sears v. Continental Bank & Trust Co., 562 S.W.2d 843 (Tex.1977) (bank must justify withdrawal when depositor proves balance)
- First State Bank of Seminole v. Shannon, 159 S.W.2d 398 (Tex.App.-Amarillo 1913) (early authorities on breach and deposit)