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Tom J. Trammell v. Frost National Bank
Citation: Not availableDocket: 01-05-00216-CV
Court: Court of Appeals of Texas; December 6, 2006; Texas; State Appellate Court
Original Court Document: View Document
Tom J. Trammell appealed against Frost National Bank following a summary judgment in favor of the bank, which included an award of attorneys' fees amounting to 34% of the note's balance. Trammell argued that the law firm representing the bank, Chernosky Smith et al., had a conflict of interest due to a prior relationship with him and claimed that this prevented good faith negotiations. He also contended that the awarded attorneys' fees were unreasonable given the nature of the case. The appellate court found Trammell's brief inadequate, failing to comply with Texas Rule of Appellate Procedure 38.1(h), which necessitates clear arguments supported by citations to the record and relevant authorities. The court noted that Trammell’s brief lacked citations to the clerk's record and did not specify any issues on appeal, leading to a waiver of his arguments. The court emphasized that the burden lies with the appellant to demonstrate how the record supports their claims, which Trammell did not accomplish. Ultimately, the court affirmed the trial court's judgment, indicating that Trammell had waived any errors due to insufficient briefing.