law turnover order | enforcement of judgment | attorney's fees
Post-judgment turnover order under section 31.002 of the Texas Civil Practice and Remedies Code. See
Tex. Civ. Prac. & Rem. Code Ann. § 31.002(b)(1).
Section 31.002 allows court-ordered relief to a judgment creditor to satisfy a judgment, including the turnover
of nonexempt property. See id. "Although most writs and orders in aid of execution are not appealable, the
supreme court has held that a turnover order is a final, appealable judgment." Bahar v. Lyon Fin. Servs. Inc.,
330 S.W.3d 379, 388 (Tex. App.-Austin 2010, no pet.) (citing Schultz v. Fifth Judicial Dist. Court of Appeals,
810 S.W.2d 738, 740 (Tex. 1991) (orig. proceeding), abrogated on other grounds by In re Sheshtawy, 154
S.W.3d 114, 124-25 (Tex. 2004)). We review a trial court's decision on a turnover order under an abuse of
discretion standard. Beaumont Bank, N.A. v. Buller, 806 S.W.2d 223, 226 (Tex. 1991); Moyer v. Moyer, 183
S.W.3d 48, 51 (Tex. App.-Austin 2005, no pet.).
TEXAS CASE LAW ON TURNOVER ORDERS
Sacks , PC v. Haden, No. 07-0487 (Tex. July 11, 2008)(per curiam)
(turnover order to enforce judgment in attorney's fees collection case)
DAVID J. SACKS, P.C. D/B/A SACKS & ASSOCIATES v. CHARLES MCINTYRE HADEN, JR., INDIVIDUALLY,
AND CHARLES MCINTYRE HADEN, JR. & COMPANY D/B/A HADEN & COMPANY; from Harris County; 1st
district (01-03-00025-CV, 222 SW3d 580, 03-08-07)
unopposed motion to consolidate dismissed as moot
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court.
ROBERT S. BENNETT v. KELLY COGHLAN; from Harris County; 1st district (01-04-00104-CV, ___ S.W.3d
___, 08-16-07, pet. denied)(attorney's fees, turnover order, enforcement of judgments)
This is an appeal from a judgment awarding attorney's fees in connection with an application for turnover
after judgment pursuant to Tex. Civ. Prac. & Rem. Code Ann. § 31.002(e) (Vernon Supp. 2006). In five
issues on appeal, appellant contends that (1) the trial court erred in granting a partial summary judgment, (2)
the evidence is legally and factually insufficient to support the verdict, (3) the trial court erred in awarding
attorney's fees that were incurred after the underlying judgment was paid, (4) the trial court erred in denying
his motion for continuance, and (5) the trial court erred in prohibiting adequate discovery. We affirm.
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