Barth v. Bank of America, N.A.

Summary

The Supreme Court of Texas held that the plaintiff's naming of Bank of America Corporation was a misnomer rather than misidentification because Bank of America, N.A. was the entity involved and was not misled. The court concluded that the jury's liability findings could support the judgment against Bank of America, N.A., reversed the court of appeals, and remanded for consideration of other issues.

Holdings

1. The naming error was misnomer, not misidentification, because the correct party was involved in the litigation and Bank of America, N.A. was not misled.
2. The jury's answers referring to Bank of America Corporation were applicable to Bank of America, N.A. and supported the judgment against Bank of America, N.A.

Questions Presented

1. Whether the plaintiff's use of Bank of America Corporation rather than Bank of America, N.A. constituted misnomer or misidentification.
2. Whether the jury's liability findings referring to Bank of America Corporation supported the trial court's judgment against Bank of America, N.A.

Disposition

reversed_and_remanded