Legal Opinion

Ex Parte Prado

Texas Court of Appeals, 3rd District (Austin)

Decided November 22, 1995No. 03-95-00376-CVPublishedCited by 6 opinions

1Opinion of the Court

CARROLL, Chief Justice.

Leonard Chavez Prado brought this original habeas corpus proceeding after the district court held him in contempt and committed him to jail for failure to comply with a turnover order issued pursuant to section 31.002 of the Texas Civil Practice and Remedies Code (West 1986 & Supp.1995) (“Turnover Statute”). We conclude that the trial court’s turnover order exceeds the bounds of both the statute and the Texas Constitution and order Prado discharged.

BACKGROUND

Robert D. Benson successfully sued Prado for fraud and won an agreed judgment of $18,860. The record gives few…

2Cases cited4 opinions

  1. Ross v. 3D Tower Ltd.Court of Appeals of Texas · 1992
  2. Caulley v. CaulleyTexas Supreme Court · 1991
  3. Sloan v. DouglassCourt of Appeals of Texas · 1986
  4. Jacobs v. AdamsCourt of Appeals of Texas · 1994

3Cited by6 opinions

  1. Burns v. Miller, Hiersche, Martens & Hayward, P.C., Texas Court of Appeals, 5th District (Dallas)1997
  2. In Re Wiese, Texas Court of Appeals, 13th District1999
  3. Gerdes v. Kennamer, Texas Court of Appeals, 13th District2005
  4. Gerdes v. Kennamer, Texas Court of Appeals, 13th District2005
  5. Gonzalez Obregon v. RomoDistrict Court, S.D. Texas · 2025

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