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FIRST STATE BANK AND TRUST CO., CARTHAGE, TEXAS v. McCarty
Citations: 730 S.W.2d 656; 30 Tex. Sup. Ct. J. 421; 1987 Tex. LEXIS 339Docket: C-6261
Court: Texas Supreme Court; May 6, 1987; Texas; State Supreme Court
Two primary issues arise in this case regarding a bank account designated for joint tenancy with right of survivorship. The first issue concerns whether the designation instrument complied with section 439 of the Texas Probate Code. The second issue addresses whether a judgment can be rendered on appeal without resolving all causes of action. Margaret and Wyndel McCarty, beneficiaries of Fannie Holmes Donald's will, sued First State Bank and Trust Company for surrendering the account proceeds to S.L. Holmes upon Donald's death. The bank, seeking indemnity, joined Holmes as a third-party defendant. The trial court ruled in favor of Holmes, declaring the account a valid joint tenancy with survivorship rights, thus dismissing the McCartys' claims. The McCartys appealed, and the appellate court reversed the trial court's decision, ruling in favor of the McCartys. Both Holmes and the bank sought further review, with the Supreme Court of Texas refusing Holmes' application due to no reversible error but granting the bank's application. The court noted that the appellate court's judgment failed to address the bank's claim against Holmes, violating Texas Rules of Appellate Procedure (Tex.R.App. P. 81). Consequently, the Supreme Court reversed the appellate court's judgment as it pertained to the bank and remanded the case to the trial court for the bank to pursue its claim against Holmes. The court emphasized the necessity of resolving all causes of action in its ruling.