Texas Garnishment Law

Brian E. Vodicka, et al. v. Michael B. Tobolowsky, et al.

Dallas, Texas civil litigation lawyers represented the parties in a dispute over American Airlines AAdvantage miles. Ira E. Tobolowsky filed a defamation suit against appellants in July 2015. Following Ira Tobolowsky’s death in May 2016, Michael Tobolowsky, as executor of the estate of Ira E. Tobolowsky, succeeded him as plaintiff. After a bench trial, the trial court found against the app... More...

$ (02-23-2026 - TX)

Robert Hardie Tibaut Bowman and Powers L. Bowman v. Molly Bowman Stephens

<center><h2> Houston, Texas â€“ Real Estate lawyer represented Appellants with challenging a judgment to force a partition by sale of lake property. </h2></center> This appeal is from the second stage of a partition proceeding. In the first stage, this Court affirmed the trial court's judgment that a partition in kind was feasible and that S... More...

$0 (09-14-2022 - TX)

Charles Edward Newman v. The State of Texas

<center><h2> Eastland, TX - Criminal defense attorney represented Charles Edward Newman with a Murder charge.</h2></center> In four issues on appeal, Appellant challenges (1) the sufficiency of the evidence to support the murder conviction, (2) the sufficiency of the evidence to support the witness tampering convictions, (3) the trial court's d... More...

$0 (02-26-2021 - TX)

Jonathan Ray Tucker v. The State of Texas

<center><h1> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a>VOIP Phone and Virtual Receptionist Services Call 918-582-6422 Today </h1></center> On August 29, 2017, Appellant pled guilty to assault on a public servant. Pursuant to a pl... More...

$0 (03-20-2020 - TX)

United States of America v. Robert Warren Scully

Appellant Robert Warren Scully was convicted of conspiracy to defraud the United States, conspiracy to commit wire fraud, and aiding and abetting a wire fraud scheme. 18 U.S.C. §§ 371, 1343, 1349. The district court later granted the Government’s motion to restrain Scully’s assets to preserve them for restitution and forfeiture. Scully was then sentenced and ordered to pay $1,206,539.94 in r... More...

$0 (02-15-2018 - TX)

Francis Michael Lynch v. Donna Falcon Lynch

Michael Lynch1 appeals from a final default divorce decree, dissolving his marriage to Donna Falcon Lynch. In 16 issues, Michael challenges the provisions in the divorce decree that divide the marital estate, award Donna appellate 1 Because the record indicates that Francis Michael Lynch prefers to use his middle name, Michael, we refer to him as Michael. 2 attorney’s fees, require M... More...

$0 (09-15-2017 - TX)

Regenia Bechem v. Reliant Energy Retail Services, LLC and Commerica Bank

This is an appeal from the trial court’s dismissal of appellant Regenia Bechem’s bill of review for failure to diligently prosecute. Because we conclude that the trial court abused its discretion by dismissing Bechem’s case that had been pending less than three months, we reverse and remand for further proceedings. 2 A. Prior Litigation and Appeal In a prior suit, appellee Relian... More...

$0 (03-14-2017 - TX)

Donny Lee Bretz v. The State of Texas

Donny Lee Bretz, an inmate proceeding pro se and in forma pauperis, appeals the trial court’s order denying his motion to rescind an order to withdraw funds from his inmate account. We affirm. The jury convicted Appellant of murder in 1985 in Cause No. A-17,040 in the 70th District Court of Ector County and assessed his punishment at confinement for a term of ninety-nine year... More...

$0 (10-22-2015 - TX)

Kelley|Witherspoon, LLP, Kevin Kelley and Nuru Witherspoon v. Armstrong International Services, Inc.

This is an appeal from a judgment following a jury trial in a legal malpractice action. Asserting three issues, Kelley/Witherspoon, LLP, Kevin Kelley, and Nuru Witherspoon contend the evidence is legally and factually insufficient to support the damages awarded and the finding of negligence against Nuru Witherspoon individually. Armstrong International Services, Inc. presents a single issue in a c... More...

$0 (07-27-2015 - TX)

Movie Poster House, Inc. v. Heritage Auctions, Inc.

Movie Poster House, Inc. appeals the trial court's summary judgment in favor of Heritage Auctions, Inc. In four issues, MPH contends the trial court erred because its claims are not barred by res judicata or collateral estoppel and the arbitrator abused his discretion by refusing to allow MPH to amend its statement of claims. We affirm. In early 2008, Kenneth Mauer loaned William Hughes over $... More...

$0 (05-08-2015 - TX)

Banco Popular North America v. American Fund US Investments LP

In three issues, Banco Popular North America appeals the trial court's denial of its motion for new trial. We affirm. American Fund US Investments, LP, filed an application for a post-judgment writ of garnishment. In the application, AF stated it had a final, unsatisfied judgment against Wildcat Mockingbird, LLC and Concepts America, Inc., jointly and severally, for $918,582.93 in<... More...

$0 (04-17-2015 - TX)

Symetra Life Insurance company v. Rapid Settlements, Limited

After nine years of litigation and a prior appeal to this court, three house-keeping items are presented in this appeal: attorneys' fees, damages, and the scope of injunctive relief. Appellants Symetra Life Insurance and Symetra Assigned Benefits Service (collectively "Symetraâ€) appeal the district court's refusal to award attorneys' fees under the Texas and Washington State Structured Settl... More...

$0 (12-23-2014 - TX)

Diana Douglas v. Eddie G. Douglas

In this appeal from the trial court' s post-divorce clarification order, both Diana Douglas and Eddie G. Douglas challenge the trial court's division of Eddie's disposable military retired pay. Diana argues the division is inconsistent with the unambiguous language in the decree. Eddie raises the same complaint, but also contends the trial court erred in awarding Diana an arrearage... More...

$0 (11-14-2014 - TX)

Deana Pollard Sacks v. Thomas Hall and Gregory R. Travis

Deana Pollard Sacks sued Thomas Hall and Gregory R. Travis for invasion of privacy. The trial court granted Hall's and Travis's no evidence and traditional motions for summary judgment against Sacks. On appeal, Sacks identifies eight issues in which she asserts that the trial court erred in granting the motions for summary judgment. 2 We affirm. Background Summary Deana Pollard Sac... More...

$0 (11-20-2014 - TX)

Christopher Jenkins v. City of Cedar Park, Texas

Christopher Jenkins challenges the district court's order granting the City of Cedar Park's plea to the jurisdiction in a case arising under the Fire Fighters' and Police Officers' Civil Service Act. See generally Tex. Loc. Gov't Code Â§Â§ 143.001â€“.363 (the Civil Service Act or the Act). Jenkins, a fire fighter, appealed his indefinite suspension to a hearing examiner, who<b... More...

$0 (07-24-2014 - TX)

Stephen J. Harper v. Spencer & Associates, P.C.

Stephen J. Harper appeals the trial court's order granting Spencer's motion for scire facias to revive a dormant judgment against Harper. Harper contends that the August 2001 writ of garnishment issued by the trial court was not a "writ of 2 executionâ€ that extended the enforceability of the judgment for an additional ten years beyond the date of the writ's issuance and that, as a re... More...

$0 (07-24-2014 - TX)

Frank Pyrtle, III v. Ashanti Johnson Pyrtle

In the trial court below, appellee Ashanti Johnson Turner1 sought "enforcementâ€ of an agreed final decree of divorce respecting her and appellant Frank Pyrtle, III. The trial court granted, in part, the relief requested by Turner. In five issues on appeal, Pyrtle challenges the portions of the trial court's order (1) awarding Turner a money judgment in the amount of $88,400 plus interest for... More...

$0 (05-19-2014 - TX)

24/7 Grill, LLC v. Donal S. Clark

Appellee Donal S. Clark obtained a money judgment against Michael C. Orr. Then Orr gave $225,000 to appellant 24/7 Grill, LLC, which is owned by Orr and his wife. Clark applied for a post-judgment writ of garnishment to obtain the $225,000 in 24/7 Grill's possession. After a bench trial, the trial court awarded Clark a judgment for $225,000 against 24/7 Grill. In one issue, 24/7 Grill contends the... More...

$0 (04-10-2014 - TX)

Donald Joseph Benton v. The State of Texas

In Lamar County, Texas, Donald Joseph Benton was indicted on three counts of failing to register or maintain registration as a sex offender. Pursuant to the terms of a negotiated plea agreement, the trial court sentenced Benton to five years' confinement, which was to run concurrently with a pending parole revocation stemming from the three counts in the indictment. The final judgments, signed Jul... More...

$0 (04-04-2014 - TX)

Veronica L. Davis v. James A. West and Houston Reporting Services

This is the fourth appeal arising out of two lawsuits regarding court reporter fees. In the first lawsuit filed in justice court, Houston Reporting Services (HRS) alleged that Veronica Davis, an attorney, breached her contractual obligation to pay for deposition transcripts. HRS obtained a post-answer default judgment 2 against Davis, and then used a court-appointed receiver to remov... More...

$0 (03-27-2014 - TX)

Betty Lou Bradshaw v. Peter G. Bennis

This is an appeal from the trial court's judgment releasing interpleaded funds to Peter G. Bennis and Cleburne Bible Church (CBC). We affirm. Background A detailed description of the history of the underlying trial court case preceding this interpleader action may be found in Bradshaw v. Steadfast ___________________ 1See Tex. R. App. P. 47.4. 2 Financial,... More...

$0 (04-18-2013 - TX)

LCS Corrections Services d/b/a Coastal Bend Detention Center v. Kimberly Chavera

This is a restricted appeal challenging a default judgment taken by Kimberly Chavera, appellee, against her former employer, appellant LCS Corrections Services, Inc. ("LCSâ€). We affirm. 2 I. BACKGROUND LCS employed appellee as a corrections officer in a private prison LCS runs in Robstown, Texas. Appellee injured her foot during her employment in December 2010. She took ... More...

$0 (04-04-2013 - TX)

Betty Lou Bradshaw v. R.J. Sikes

In three issues in this interpleader-based appeal, Appellant Betty Lou Bradshaw appeals the trial court's orders granting summary judgment for, and distributing the interpleaded proceeds to, Appellees R.J. Sikes, Roger Sikes, Kathy Sikes, Greg Louvier, Pam Louvier, Christy Rome, Dacota Investment Holdings, L.L.P. a/k/a Dacota Investment Holdings, L.P., Colorado State Bank & Trust as custodian of t... More...

$0 (03-14-2013 - TX)

Shelli Flores v. Richard Tholstrup

Appellant, Shelli Flores ("Floresâ€), appeals a summary judgment granted in favor of appellee, Richard Tholstrup ("Tholstrupâ€). We reverse and remand. BACKGROUND By this suit, Flores alleges that Tholstrup, an attorney, breached fiduciary duties and committed malpractice in his representation of her in connection with matters involved in a separate lawsuit. The separat... More...

$0 (01-18-2013 - TX)

Celeste Grynberg v. M-I L.L.C.

This is an appeal from a summary judgment entered in a bill of review proceeding. Appellants Celeste Grynberg and Jack J. Grynberg d/b/a Grynberg Petroleum appeal the denial of their petition for bill of review, which sought to overturn a no-answer default judgment rendered against them and in favor of appellee M-I L.L.C. By nine issues, which we reorganize as seven, the Grynbergs contend that (1)... More...

$0 (11-30--0001 - TX)

Endsley Electric, Inc. d/b/a Industrial Power Systems v. Altech, Inc.

Altech, Inc., a general contractor, contracted to build an intermediate school for the Pleasant Grove Independent School District (the Project). Endsley Electric, Inc., doing business as Industrial Power Systems or Industrial Power Systems, Inc., entered into a subcontract with Altech to provide the electrical and fire alarm work on the Project. In April 2010, shortly after the Project was complet... More...

$0 (08-08-2012 - TX)

James W. Trenz v. Peter Paul Petroleum Company

James W. Trenz and Terrane Associates, Inc. (collectively, Trenz) appeal from the trial court's denial of a special appearance in this declaratory judgment action brought by Peter Paul Petroleum Company and Posse Energy, Ltd. (collectively, Peter Paul) to resolve disputes over the calculation and payment of a reversionary interest in an Oklahoma oil and gas lease. Trenz argues that the trial c... More...

$0 (08-11-2012 - TX)

Dustin McClain Smallridge v. Patricia Robin Smallridge

On May 3, 2010, the trial court entered its final decree of divorce between Dustin McClain Smallridge and Patricia Robin Smallridge.[1] Insofar as the issues in this appeal are concerned, the trial court appointed Dustin and Patricia joint managing conservators of their three children, C.M.S. and C.M.S., who are twins, and E.N.S. Patricia was awarded the sole right to establish the primary resi... More...

$0 (07-26-2012 - TX)

Christina Owens v. John Hawkins

Christina Owens appeals from the trial court's order granting a no-evidence motion for summary judgment filed by John Hawkins,1 Janel Sue Skrabanek, Jack Paul Moore, William Richard Moore, and Bruce A. Skrabanek.2 Because the trial court did not err in granting the motion for summary judgment, we affirm the trial court's order. BACKGROUND The parties to this proceeding are all relate... More...

$0 (04-19-2012 - TX)

Ronald B. Palmer v. Nakaysone Julie Palmer

In six issues, Appellant Ronald B. Palmer, pro se, appeals the trial court's amended order on petition for enforcement of spousal maintenance and its order of income withholding for spousal maintenance entered in favor of Appellee Nakaysone Julie Palmer. We dismiss the portion of the appeal pertaining to contempt for want of jurisdiction, reverse the trial court's amended order on petition for en... More...

$0 (04-06-2012 - TX)

Steve Clark Heller v. Desiree Cheyenne Heller

In a final divorce decree, Steven Clark Heller agreed to pay contractual alimony to Desiree Cheyenne Heller. When Steven failed to make payments, Desiree sought a wage withholding order. Steven filed a motion to stay issuance of the order. The trial court denied Steven"s motion and entered a wage withholding order. In his sole appellate issue, Steven contends that the trial court erred by ordering... More...

$0 (02-02-2012 - TX)

M. Jay Carter v. Ernie Cline and Karen Cline

In this garnishment proceeding, Ernie and Karen Cline (collectively "the Clines") sought a writ of garnishment to satisfy two domesticated foreign judgments obtained against M. Jay Carter for breach of contract. Carter seeks to avoid enforcement of the domesticated judgments on the ground that the underlying foreign judgments are interlocutory under the laws of the jurisdiction in which they were ... More...

$0 (10-13-2011 - TX)

Metro A, LLC v. Jessica Polley

Appellants Metro A, LLC; Sun Holdings, LLC; Pop Restaurants, LLC; Golden Restaurants, Inc.; Firebrand Properties, LP; Corral Group, LP; Kansas Corral, LLC; Sunny Corral Management, LLC; Guillermo Perales; Frys Management, LLC; TAG Corral, LLC; and Indie Corral, LLC (collectively, Appellants) appeal the default judgment against them and in favor of Appellee Jessica Polley. The n... More...

$0 (09-22-2011 - TX)

Mark Rotella v. Joan Cutting and Mid-Continent Casualty Company

Appellants Mark Rotella Custom Homes, Inc. d/b/a Benchmark Custom Homes ("MRCHâ€) and Mark Rotella (collectively with MRCH, "Rotellaâ€) and Cole & Cole, P.C., and Robert R. Cole, Jr. (collectively "Coleâ€) filed a motion for rehearing en banc. We deny the motion for rehearing en banc, but we withdraw our opinion of April 7, 2011, and substitute the following in its place. ... More...

$0 (08-31-2011 - TX)

Tau Kappa Epsilon and Adam Wilson Fomby v. USA Bus Charter, Inc.

Complaining of numerous problems related to buses chartered for their transport to and from the annual "Texas-OU weekend" festivities in Dallas, appellants--Tau Kappa Epsilon (TKE), a fraternal social organization alleged to be affiliated with the University of Texas, and Adam Wilson Fomby, a fraternity member who had secured the buses--sued the bus company, appellee USA Bus Charter, Inc. (USA Bu... More...

$0 (07-28-2011 - TX)

Beata L. Popek v. John P. Popek

Beata Popek appeals the trial court's final divorce decree on numerous grounds. We reverse and remand in part and affirm as modified in part. Background Beata and John Popek married on June 27, 1991 in Illinois. The couple had a troubled marriage; Beata suffered from depression and John had alcohol problems. John entered an alcohol rehabilitation program in 2002. At that time, B... More...

$0 (06-30-2011 - TX)

Morrell Masonry Supply, Inc. v. Scott Griffin & Associates, Inc.

Plaintiff/Appellant Morrell Masonry sells building supplies, such as stucco. Defendant/Appellee Scott Griffin & Associates (SGA) is a general contracting firm that builds houses on property it owns. Felix Ruiz d/b/a Ruiz Construction ("Ruizâ€), a stucco, stone, and masonry work contractor, was hired by SGA to do stucco work on two houses SGA was building, one at 10 Oak Cove Lane and the o... More...

$0 (05-19-2011 - TX)

Lewisville Independent School District v. CH Townhomes, Inc.

Appellant Lewisville Independent School District (LISD) appeals an order denying its plea to the jurisdiction and motion to dismiss. Because we hold that tax code section 31.11 does not clearly and unambiguously express a legislative intent to waive governmental immunity from suit, we will reverse the trial court's order and render judgment dismissing Appellee CH Townhomes, Inc.'s (CHT) suit agai... More...

$0 (04-21-2011 - TX)

Elene B. Glassman v. Meryl B. Goodfriend

Appellant, Elene B. Glassman, appeals from a final order in garnishment obtained by appellee, Meryl B. Goodfriend, to satisfy an underlying judgment. Glassman, an attorney, appears pro se in this appeal. Goodfriend contends this appeal is frivolous and requests sanctions. We affirm the final order in garnishment and assess $2,500 in sanctions against Glassman. Background Glassman ... More...

$0 (02-24-2011 - TX)

Christopher J. McCloskey v. Anne Miriam McCloskey, Michael A. Craig, and Fidelity Investments D/B/A National Financial Services, L.L.C.

Appellant Christopher Joseph McCloskey ("Chrisâ€) appeals from a garnishment judgment in which the garnishee Fidelity Investments d/b/a National Financial Services, L.L.C. ("Fidelity Investmentsâ€) was ordered to pay funds from his account to the garnishors, appellee Anne McCloskey ("Anneâ€) and one of her attorneys, appellee Michael A. Craig ("Craigâ€). In seven issues, Chris... More...

$0 (03-23-2010 - TX)