Caulley v. Caulley

I concur with the majority’s decision to overrule Ruth Caulley’s Motion for Rehearing, but I write separately because of this Court’s failure to address Robert Caulley’s constitutional challenge to the turnover statute, Tex.Civ.Prac. & Rem.Code Ann. § 31.002.

In our original opinion, we held that the trial court’s order that Robert must turn over his wages to a receiver violated § 31.002(f) of the Texas Civil Practice and Remedies Code, which prohibits the turnover of proceeds of property exempt under any statute. See page 797-98. The majority of the Court did not find it necessary to address…