The Dallas Court of Appeals‘ opinion in In re Berry leaves more questions than answers.

This is an appeal from probate court action in which Sue Berry brought suit against Comerica, H&R Block, Washington Mutual Bank and the executrix of Eugene Berry’s estate for wrongful payment of checks.  Comerica filed a motion for summary judgment contending that the claims against it were barred because Ms. Berry did not report the unauthorized signatures within one year after the statement or items were made available to her, as required by Section 4.406(f) of the Texas Business and Commerce Code.  The trial court granted Comerica’s motion for summary judgment and all other claims were dismissed without prejudice.  Ms. Berry appealed the summary judgment.Continue Reading Wrongful Payment of Checks