Local man dismisses bank from lawsuit over stolen checks

John Suayan, Galveston Bureau Aug. 26, 2013, 2:00pm

GALVESTON - A bank listed as one of the defendants in a recent lawsuit over allegedly stolen personal checks was dismissed by the plaintiff, recent court records show.

Galveston County Court-at-Law No. 2 Judge Barbara Roberts granted George Woods's motion to dismiss only Comerica Bank on Aug. 15.

The order leaves Harris County resident Juan Figueroa, JNS Grocery LLC and Compass Bank to contest the suit, which was filed last month.

According to the original petition, the alleged financial discrepancy included the theft of approximately 27 checks from Woods's Compass account dating back to July 2011.

Figueroa is accused of stealing the checks while JNS Grocery is faulted for failing to verify the authenticity of the plaintiff's signature as well as not refunding him.

Comerica was previously reported to have accepted and negotiated the aforementioned checks.

In a response submitted Aug. 2, Compass insists it "has not breached any agreement with" Wood, arguing he failed to timely or properly report any dubious account activity.

Comerica itself offered a rebuttal to the suit a week before it was dismissed.

It was represented by attorney David A. Stephan of Simon PLLC in Dallas.

Compass, doing business as BBVA Compass, is represented by attorney William P. Huttenbach of Hirsch & Westheimer, P.C. in Houston.

Cause No. 70,286

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