Fred Villanova v. FDIC as Receiver for Home Savings of America ( 2014 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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FRED VILLANOVA, No. 08-11-00361-CV
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Appellant, Appeal from the
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v. 431st Judicial District Court
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of Denton County, Texas
FEDERAL DEPOSIT INSURANCE §
CORPORATION, AS RECEIVER FOR (TC# 2010-50001-367)
HOME SAVINGS OF AMERICA, §
Appellee. §
JUDGMENT
The Court has considered this cause on the record and concludes there was error in part
of the judgment. We reverse the portion of the trial court’s judgment awarding damages and
attorneys’ fees and granting summary judgment on Appellee’s counterclaims and inferential
rebuttal defense of sole proximate cause. Because damages are unliquidated and Appellant has
contested liability, we remand these causes on all issues—including liability—to the trial court
for further proceedings consistent with this opinion. In all other respects, we affirm the trial
court’s judgment.
We further order that Appellant and Appellee each pay one-half (1/2) the costs of this
appeal. This decision shall be certified below for observance.
IT IS SO ORDERED THIS 25TH DAY OF JUNE, 2014.
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rivera, and Rodriguez, JJ.