Richard Powell v. Bank of America, N.A., et , 587 F. App'x 215 ( 2014 )

Case: 14-40417 Document: 00512868558 Page: 1 Date Filed: 12/12/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40417 United States Court of Appeals
Fifth Circuit
FILED
RICHARD POWELL; VICKIE POWELL, December 12, 2014
Lyle W. Cayce
Plaintiffs - Appellants Clerk
v.
BANK OF AMERICA, N.A., as Successor by merger to BAC Home Loans
Servicing, LP; UNKNOWN PARTIES,
Defendants - Appellees
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:12-CV-512
Before STEWART, Chief Judge, and BARKSDALE, and GRAVES, Circuit
Judges.
PER CURIAM:*
Bank of America, N.A., was awarded summary judgment on Vickie and
Richard Powell’s breach of contract, Texas Finance Code, and negligent
misrepresentation claims. The Powells claim, inter alia, that they showed a
contract existed, in which Bank of America promised to modify their home loan
* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5th Cir.
R. 47.5.4.
Case: 14-40417 Document: 00512868558 Page: 2 Date Filed: 12/12/2014
No. 14-40417
in return for the Powells’ dismissal of their state-court action against it.
Having reviewed the briefs, the record, and the applicable law, and essentially for
the reasons stated by the district court, Powell v. Bank of America, N.A., No. 4:12-
CV-512, 2014 WL 229305 (E.D. Tex. 2014), the judgment is AFFIRMED.
2