Legal Opinion
Texas Lottery Commission v. First State Bank of DeQueen
Texas Supreme Court
Decided October 1, 2010No. 08-0523PublishedCited by 525 opinions
1Opinion of the CourtJustice Johnson
This case arises because provisions of the Texas Uniform Commercial Code (UCC) and the Texas Lottery Act conflict as to whether installment payments of a lottery prize are assignable. The primary issues are whether the Commission has sovereign immunity from suit and whether the Lottery Act’s prohibition against transferring the last two installments of a prize are negated by the UCC.
Cletius Irvan, a Texas Lottery prizewinner, assigned his final two annual installment prize payments as part of a financial arrangement by which he was to pay a bank debt. The Lottery Commission refused to…
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