El Periodico, Inc. v. Parks Oil Co.

The issue in this case is whether the respondent garnishor was entitled to summary judgment. The court of appeals held that it was. — S.W.2d -[, 1996 WL 209927], We disagree.

Parks Oil Company obtained a judgment against Tom Wittmer in the 250th District Court in Travis County, and then applied for writ of garnishment directed to El Periódico, Incorporated, a Texas corporation doing business in Hidalgo County. The application, signed and sworn to by Parks Oil’s attorney, states in its entirety:

1. Parties. Plaintiff in Garnishment is Parks Oil Company. Garnishee is El Per-iódico, Inc. and may…