First National Bank of Plano v. State

GUITTARD, Chief Justice.

In this receivership proceeding initiated by the State, the bank appeals from the trial court’s refusal to set aside an ex parte order requiring it to turn over to the receiver certain funds deposited in several accounts in the names of the defendants. We hold that the court erred in issuing such an order without notice and hearing.

The suit was filed by the attorney general on behalf of the State against National Whirlpool Bath, Inc. and Doyle Mitchell and wife, Bobbie Mitchell, alleging violation of the Deceptive Trade Practices-Consumer Protection Act, Tex.Bus. &…