Grizzle Ex Rel. Grizzle v. Texas Commerce Bank, N.A.
Linda Grizzle, representing her minor daughter and a proposed class, sued Frost National Bank and Texas Commerce Bank, N.A., alleging damages to trust accounts caused by a bank merger and subsequent liquidation and reinvestment of funds. The claims included breach of fiduciary duty, breach of contract, and deceptive trade practices. The trial court granted summary judgment for the banks and struck additional class representatives. On appeal, the court reversed the striking of the interventions, allowing other class representatives to join. It also reversed most of the summary judgments in favor of the banks, identifying outstanding factual issues concerning damages and the applicability of exculpatory clauses. The court affirmed that a DTPA tender for individual damages did not moot the class action. The case has been remanded for further proceedings.