Texas Justices To Weigh If Atty Liable For Faked $500K Check

By Michelle Casady (June 18, 2021, 8:57 PM EDT) -- The Texas Supreme Court on Friday granted review in a lawsuit asking it to decide whether an attorney who fell victim to a check-fraud scam is liable for $400,000 that his bank transferred to a third party in Japan.

The state's high court will be reviewing a First Court of Appeals panel's May 2019 split decision that Roy J. Elizondo III shouldn't be responsible for paying back the funds. The lower appellate court held 2-1 that while Elizondo breached his deposit agreement and Uniform Commercial Code transfer warranty by unknowingly depositing a counterfeit $496,850 check, Cadence Bank also breached its wire transfer...

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