Legal Opinion

Republic Insurance Co. v. Millard

Court of Appeals of Texas

Decided February 27, 1992No. C14-91-00570-CVPublishedCited by 47 opinions

1Opinion of the Court

OPINION

DRAUGHN, Justice.

This mandamus action evolves from the trial court’s application of the Texas “turnover” statute. We are presented with the following issues of first impression concerning the scope of this statute: 1) whether a third party may be included as a party defendant for the first time in a post-judgment turnover petition; and 2) whether a trial court can order a separate trial to determine the merits alleged in bad faith claims against that third party as part of a turnover order.

Relator, Republic Insurance Company, (Relator or Republic) petitions this court for writ of…

2Cases cited4 opinions

  1. Beaumont Bank, N.A. v. BullerTexas Supreme Court · 1991
  2. Ayres v. CanalesTexas Supreme Court · 1990
  3. United Bank Metro v. Plains Overseas Group, Inc., Texas Court of Appeals, 1st District (Houston)1983
  4. Cravens, Dargan & Co. v. Peyton L. Travers Co., Texas Court of Appeals, 1st District (Houston)1989

3Cited by47 opinions

  1. Main Place Custom Homes, Inc. v. HonakerCourt of Appeals of Texas · 2006
  2. Maiz v. ViraniCourt of Appeals for the Fifth Circuit · 2002
  3. Resolution Trust Corp. v. SmithCourt of Appeals for the Fifth Circuit · 1995
  4. Black v. ShorCourt of Appeals of Texas · 2013
  5. Dale v. Finance America Corp.Court of Appeals of Texas · 1996

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