Hering v. Norbanco Austin I, Ltd.
Court of Appeals of Texas
1Opinion of the Court
CARROLL, Justice.
This appeal involves the notice requirements of Tex.R.Civ.P.Ann. 663a (Supp. 1987) in a postjudgment garnishment action. The district court overruled the appellant-debtor’s motion for new trial which alleged a failure to receive notice as provided in Rule 663a. We will reverse the district court’s order and remand the cause for a new trial.
Controversy
This postjudgment garnishment action taken against Heritage Bank reflects an attempt by Norbanco to recover on a 1986 judgment against Jerry Hering. Although there is a factual question in this appeal concerning the ownership of…
2Cases cited16 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
- North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975
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3Cited by26 opinions
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- Walnut Equipment Leasing Co. v. J-V Dirt & Loam, a Division of J-V Marble Mfg., Inc., Texas Court of Appeals, 3rd District (Austin)1995
- Merritt v. Harris CountyCourt of Appeals of Texas · 1989
- LEASE FINANCE GROUP, LLC v. ChildersCourt of Appeals of Texas · 2010
- Zeecon Wireless Internet, LLC v. American Bank of Texas, N.A., Texas Court of Appeals, 3rd District (Austin)2010
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