Legal Opinion
Gerjets v. Davila
Texas Court of Appeals, 13th District
Decided September 4, 2003No. 13-01-752-CVPublishedCited by 10 opinions
1Opinion of the Court
OPINION
Justice CHAVEZ.
Opinion by
In this appeal, we are asked to consider whether: (1) a district court can order a non-judgment debtor not properly before the court to turn over funds at issue in another lawsuit and in which the non-judgment debtor claims an interest; and (2) whether a party so ordered can appeal from that order. We hold that: (1) without proper notice, a court cannot order a non-judgment debtor to turn over funds at issue in another lawsuit in which the non-judgment debtor claims an interest; and (2) a non-judgment debtor who is not properly before the court, but is…
2Cases cited9 opinions
- Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
- Beaumont Bank, N.A. v. BullerTexas Supreme Court · 1991
- Ex Parte SwateTexas Supreme Court · 1996
- Resolution Trust Corp. v. SmithCourt of Appeals for the Fifth Circuit · 1995
- United Bank Metro v. Plains Overseas Group, Inc., Texas Court of Appeals, 1st District (Houston)1983
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Alexander Dubose Jefferson & Townsend LLP v. Chevron Phillips Chem. Co., L.P.Texas Supreme Court · 2018
- Allison Publications, LLC v. Jane Doe, Texas Court of Appeals, 2nd District (Fort Worth)2022
- Cecile Erwin Young, in Her Official Capacity as the Executive Commissioner of the Texas Health and Human Services Commission; Molina Healthcare of Texas, Inc.; And Aetna Better Health of Texas, Inc. v. Cook Children's Health Plan, Texas Children's Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company, Texas Court of Appeals, 15th District2025
- Cecile Erwin Young, in Her Official Capacity as the Executive Commissioner of the Texas Health and Human Services Commission; Molina Healthcare of Texas, Inc.; And Aetna Better Health of Texas, Inc. v. Cook Children's Health Plan, Texas Children's Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company, Texas Court of Appeals, 15th District2025
- Consumers County Mutual Insurance Company v. Eugenio Mendoza, Sr., Texas Court of Appeals, 13th District2007
5 more not listed; retrieve them via the Exa API.