Cross, Kieschnick & Co. v. Johnston

LOPEZ, Justice.

The central issue raised by this appeal is whether the turnover statute can be used by a judgment creditor to cure a misnomer after a trial judgment has become final. We hold that this is an improper use of the turnover statute. We render as void the turnover order and its supplemental order.

FACTS

Leslie and Wanda Johnston (appellees) litigated their DTPA cause of action against Cross, Kieschnick & Company (Cross & Company) on their Second Amended Original Petition. The petition named the defendant as “Cross, Kieschnick & Company, Inc.” In its Third Amended Original Answer Cross…