Huie-Clark Joint Venture v. American States Insurance Co. of Texas

VANCE, Justice.

Huie-Clark Joint Venture appeals from a judgment under Tex.R.Civ.P. 664a (Vernon 1978), dissolving a pre-judgment writ of garnishment, contending that there is insufficient evidence to support dissolution. Rule 664a, however, places the burden on Huie-Clark to prove its right to the writ at the dissolution hearing. We have therefore examined the record, which is without findings of facts and conclusions of law, to determine if Huie-Clark proved its entitlement as a matter of law. We conclude that it did not and consequently affirm.

Huie-Clark brought suit against its tenants,…