impose an informal fiduciary duty in a business transaction, the special relationship of trust and confidence must exist prior to, and apart from, the agreement made the basis of the suit.” Associated Indem. Corp. v. CAT Contracting, Inc., 964 S.W.2d 276, 287 (Tex.1998). Texas courts have held that the relationship between a borrower and lender is not a fiduciary one. 1001 McKinney Ltd. v. Credit Suisse First Boston Mortgage Capital, 192 S.W.3d 20, 36 (TexApp.-Houston [14th Dist.] 2005, pet. denied) (“Generally, the relationship between a borrower and a lender is an arm’s length business relationship in which both parties are looking out for their own interests.”); Manufacturers Hanover Trust Co. v. Kingston Inv. Corp., 819 S.W.2d 607, 610 (Tex.App.-Houston. [1st Dist.] 1991, no writ) (<HOLDING>). Williams’s claim also fails the second and
recognizing this as the general rule recognizing general rule holding that the special relationship exception does not apply to the relationship between a student and a school holding as a general rule that a bank and its customers do not have a special or confidential relationship recognizing the existence of the special relationship