Legal Opinion

Cravens, Dargan & Co. v. Peyton L. Travers Co.

Texas Court of Appeals, 1st District (Houston)

Decided March 1, 1989No. 01-88-00202-CVPublishedCited by 36 opinions

1Opinion of the Court

WARREN, Justice.

This is an appeal from a judgment denying appellant relief under the turnover statute.

This case requires us to decide whether a cause of action under Texas Civil Practice & Remedies Code sec. 31.002 (Vernon 1986), commonly called the “turnover” statute, can be brought against the Texas State Board of Insurance (Board) to recover funds deposited with it by a judgment debtor. Secondly, we must decide whether appellant was required to first exhaust its administrative remedies by filing a claim with the agency before it sought relief from the courts.

Appellant asks this court to…

2Cases cited3 opinions

  1. United Bank Metro v. Plains Overseas Group, Inc., Texas Court of Appeals, 1st District (Houston)1983
  2. Steenland v. Texas Commerce Bank National Ass'n, Texas Court of Appeals, 12th District (Tyler)1983
  3. Pace v. McEwenCourt of Appeals of Texas · 1981

3Cited by36 opinions

  1. Beaumont Bank, N.A. v. BullerTexas Supreme Court · 1991
  2. Alexander Dubose Jefferson & Townsend LLP v. Chevron Phillips Chem. Co., L.P.Texas Supreme Court · 2018
  3. Maiz v. ViraniCourt of Appeals for the Fifth Circuit · 2002
  4. Resolution Trust Corp. v. SmithCourt of Appeals for the Fifth Circuit · 1995
  5. Republic Insurance Co. v. MillardCourt of Appeals of Texas · 1992

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