Press Release

January 19 , 2021

Texas Appellate Decision Affirms Attorney David A. Fernandez Trial Win Against Bank of America 

Texas consumer attorney David A. Fernandez and the Houston law firm Law Office of David A. Fernandez successfully defends client in a consumer debt defense case.  

Houston, TX

The Court of Appeals of the State of Texas recently upheld a decision in favor of one of the firm’s clients.  On September 3, 2020, the Court of Appeals for the First District (one of the two appellate districts whose jurisdiction includes the Houston area) issued its opinion in Bank of America, N.A. v. Edward Chimere Ochuwa (Case No.01-19-00368-CV). Bank of America had sued Mr. Ochuwa claiming he owed more than $15,000.00 on a credit card. Bank of America’s claim was for the full amount owed plus interest and attorney’s fees.

The case went to trial before Judge Barnstone in Harris County Court at Law Number 1 (Case No.1106370). The court ruled completely in Mr. Ochuwa’s favor and issued a take-nothing judgment, meaning that Bank of America lost its suit and could not claim any money from him. Bank of America appealed that judgment.

Our courts of appeal address cases using panels of three judges. Here, the three-judge panel unanimously agreed that the trial court acted properly. It affirmed Mr. Ochuwa’s take-nothing judgment and pointed out several missteps Bank of America made during the trial.

“While we were successful in the trial court, the plaintiff appealed the decision to the court of appeals where we again successfully defended on the appeal. We believe in justice. Our law firm will fight for our clients all the way up to the Texas Supreme Court if necessary,” said Fernandez.  

About David A. Fernandez, Law Office of David A. Fernandez

David A. Fernandez focuses his practice on debt defense, bankruptcy, fraud, personal injury, business litigation and wrongful death. He is a member of the Texas Bar Association, Consumer Law Section of the Texas State Bar Association, and State Bar of Texas. For more information, please call 713-893-3244, or visit

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