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HOENIG v. TEXAS COMMERCE BANK, N.A.

No. 04-95-00407-CV.

939 S.W.2d 656 (1996)

Ernest HOENIG and Union National Bank, Texas, Appellants, v. TEXAS COMMERCE BANK, N.A., Trustee for The Mamie M. Garcia Trust, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled August 20, 1996.

Attorney(s) appearing for the Case

Harry J. Skeins, Jr., Skeins & Williamson, P.C., Jeffrey I. Kavy, Michael B. Clark, Clemens & Spencer, San Antonio, for Appellants.

David B. West, Toni D. Driver, Cox & Smith Incorporated, San Antonio, for Appellee.

Before CHAPA, HARDBERGER and GREEN, JJ.

OPINION

GREEN, Justice.

Union National Bank ("UNB"), as original trustee of the Mamie Garcia Trust ("Trust"), and Ernest Hoenig, former lessee of Trust property, appeal a judgment in favor of Texas Commerce Bank, N.A.1 ("Trustee"), current trustee of the Mamie Garcia Trust. The trial court held that Hoenig wrongfully converted funds due the Trust and that UNB was "culpably negligent" in failing to discover and/or prevent the...

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