Bank of America, N.A. acknowledges that in 1999, Nations Bank, National Association, through merger and name change, became "Bank of America, N.A.” Furthermore, it is undisputed that Bank of America Corporation and Bank of America, N.A. are separate entities and that "Bank of America Corporation, N.A.,” referred to infra, note 8, is a non-entity. 4 .The Texas Supreme Court recently described a “misnomer” as follows: A misnomer occurs when a party misnames itself or another party, but the correct parties are involved. Chilkewitz v. Hyson, 22 S.W.3d 825, 828 (Tex. 1999) (op. on reh’g) (noting that ”[m]isnomer arises when a plaintiff sues the correct entity but misnames it”); see also Chen v. Breckenridge Estates Homeowners Ass'n, Inc., 227 S.W.3d 419, 421 (Tex.App.-Dallas 2007, no pet.) (<HOLDING>); Pierson v. SMS Fin. II, L.L.C., 959 S.W.2d
holding that pleadings cannot be regarded as summary judgment evidence holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law  not arizona law  should be applied holding that misnomer occurred when enforcement order in an underlying summary judgment case referred to actual plaintiff breckenridge estates homeowners association inc as breckenridge park estates no 1 and no 2 homeowners association a texas nonprofit corporation also identified in the pleadings and known as breckenridge estates homeowners association inc holding that defendant had a reasonable expectation of privacy in a locked vehicle owned and operated by a third party but parked on defendant homeowners driveway where the evidence seized was the subject of the unlawful enterprise in which defendant participated holding that a misnomer does not render a summary judgment void provided the intention to sue the correct defendant is evident from the pleadings and process such that the defendant could not have been misled