SPLIT DECISIONS – COMMERCIAL LITIGATION – APPARENT AUTHORITY: San Antonio Federal Credit Union v. Ca

In a commercial litigation case, the 4th Court affirmed a judgment rendered after a jury trial when, before trial, the trial court decided on cross-motions for summary judgment what contract controlled the parties’ dispute and instructed the jury accordingly at trial. Among other issues, the majority overruled a challenge to the summary judgment ruling that the employee who executed the contract for the Credit Union had apparent authority to bind the Credit Union. The dissent would have held the summary judgment evidence presented a fact issue appropriate for the jury’s resolution.