Legal Opinion

Daniels v. Pecan Valley Ranch, Inc.

Texas Court of Appeals, 4th District (San Antonio)

Decided April 29, 1992No. 04-91-00320-CVPublishedCited by 50 opinions

1Opinion of the Court

OPINION

BIERY, Justice.

This appeal presents a question not yet addressed by the state courts of Texas: whether a personal injury structured settlement annuity is subject to the claims of the injured party’s judgment creditors. While there may be sound public policy arguments for the legislature to require benefits payable from a structured settlement to be at least partially exempt from garnishment, neither the Texas Legislature nor the United States Congress has chosen to do so. We hold we have no authority to create a common-law exemption.

A chronology of events proves helpful: November 11,…

2Cases cited55 opinions

  1. Garza v. AlviarTexas Supreme Court · 1965
  2. Pool v. Ford Motor Co.Texas Supreme Court · 1986
  3. Davis v. City of San AntonioTexas Supreme Court · 1988
  4. Southern States Transportation, Inc. v. StateTexas Supreme Court · 1989
  5. Northeast Texas Motor Lines, Inc. v. HodgesTexas Supreme Court · 1942

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3Cited by50 opinions

  1. Twyman v. TwymanTexas Supreme Court · 1993
  2. Natural Gas Pipeline Company of America, Natural Gas Pipeline Company of America v. Energy Gathering, Inc., John Fox, Movant-AppellantCourt of Appeals for the Fifth Circuit · 1993
  3. Boudreaux Civic Ass'n v. Cox, Texas Court of Appeals, 1st District (Houston)1994
  4. Resolution Trust Corp. v. SmithCourt of Appeals for the Fifth Circuit · 1995
  5. In the Interest of M.M.O.Court of Appeals of Texas · 1998

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