IFREEDOM DIRECT CORPORATION v. FIRST TENNESSEE BANK NATIONAL ASSOCIATION, 2:09-cv-205-DN. (2012)
Court: District Court, D. Utah
Number: infdco20120822b53
Visitors: 24
Filed: Aug. 21, 2012
Latest Update: Aug. 21, 2012
Summary: MEMORANDUM DECISION and ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR DIRECTED VERIDCT ON DEFENDANT'S AFFIRMATIVE DEFENSES OF WAIVER AND ESTOPPEL DAVID NUFFER, District Judge. Based upon Plaintiff's Motion for Directed Verdict 1 on Defendant's Affirmative Defenses of Waiver and Estoppel, and the Memorandum submitted in Support of that Motion, as well as the testimony and evidence presented at trial, IT IS HEREBY ORDERED that 1. Plaintiff's Motion is GRANTED as to defendant's affirma
Summary: MEMORANDUM DECISION and ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR DIRECTED VERIDCT ON DEFENDANT'S AFFIRMATIVE DEFENSES OF WAIVER AND ESTOPPEL DAVID NUFFER, District Judge. Based upon Plaintiff's Motion for Directed Verdict 1 on Defendant's Affirmative Defenses of Waiver and Estoppel, and the Memorandum submitted in Support of that Motion, as well as the testimony and evidence presented at trial, IT IS HEREBY ORDERED that 1. Plaintiff's Motion is GRANTED as to defendant's affirmat..
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MEMORANDUM DECISION and ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR DIRECTED VERIDCT ON DEFENDANT'S AFFIRMATIVE DEFENSES OF WAIVER AND ESTOPPEL
DAVID NUFFER, District Judge.
Based upon Plaintiff's Motion for Directed Verdict1 on Defendant's Affirmative Defenses of Waiver and Estoppel, and the Memorandum submitted in Support of that Motion, as well as the testimony and evidence presented at trial,
IT IS HEREBY ORDERED that
1. Plaintiff's Motion is GRANTED as to defendant's affirmative defense of estoppel. An essential element of estoppel under Texas law is detrimental reliance on the concealing or misrepresentation of material facts. See Nelson v. Jordan, 663 S.W.2d 82, 87 (Tex. App. 1983). Defendant did not introduce any evidence that Plaintiff concealed or misrepresented any facts to Defendant. Nor did Defendant introduce any evidence that it relied to its detriment on anything Plaintiff did. Accordingly, a directed verdict on Defendant's affirmative defense of estoppel is appropriate.
2. Plaintiff's Motion is DENIED at this time as to Defendant's affirmative defense of waiver.
FootNotes
1. Docket no. 233.
Source: Leagle
