First State Bank, N.A. v. C.D. Morse, d/b/a 38th & Q Auto--Appeal from 72nd District Court of Lubbock County
Annotate this Case
Download PDF
NO. 07-05-0138-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
JUNE 14, 2007
______________________________
FIRST STATE BANK, N.A.,
Appellant
v.
C.D. MORSE D/B/A 38TH & Q AUTO,
Appellee
_________________________________
FROM THE 72ND DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2002-519,190; HON. BLAIR CHERRY, JR., PRESIDING
_______________________________
Opinion on Motion for Rehearing
_______________________________
Before QUINN, C.J., CAMPBELL, J., and REAVIS, S.J.1
Pending before the court is First State’s motion to “amend notice of appeal to
correct misnomer, for rehearing, and for correction and/or clarification.” We grant, in part,
for the reasons which follow and overrule in part. First State contends that because it had
merged with State National Bank, our original opinion dated May 8, 2007, affected both
1
Don Reavis, Justice (Ret.), Seventh Court of Appeals, sitting by assignm ent. Tex. Gov’t Code Ann.
§75.002(a)(1) (Vernon Supp. 2006).
First State and State National. First State relies on the parties’ stipulation that First State
had merged with State National and the trial court’s judgment which included the following
language: “[a]ll liabilities of First State. . . which are adjudicated in this cause against First
State. . . are hereby adjudged against State National Bank of Lubbock.” We agree and
reform our opinion to include the following: we reverse those portions of the judgment 1)
denying Morse recovery upon the jury finding that First State and State National converted
property of Morse and 2) awarding Morse damages against First State and State National
for negligence. We modify the judgment to award Morse the damages found by the jury
in answer to “Question 6 “ appearing as a subcategory denominated “Proceeds from Motor
vehicle certificate of title, if any,” i.e. $280,098.50 to recompense the conversion. Finally,
in all other things the judgment is affirmed and the motions for rehearing are overruled
except as stated herein.
Brian Quinn
Chief Justice
Reavis, J., not participating.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.