Legal Opinion

Hoffman, McBryde & Co., PC v. Heyland

Texas Court of Appeals, 5th District (Dallas)

Decided April 11, 2002No. 05-01-00240-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

Opinion By Justice MOSELEY.

An abstract of judgment must show, among other things, “the amount for which the judgment was rendered and the balance due .... ” Tex. PROp.Code Ajnn. § 52.003(a)(6) (Vernon 1995) (emphasis added). In this appeal we must determine whether that requirement refers to the balance due on the date the abstract was issued or the balance due on the date the abstract was filed. We hold that an otherwise properly issued, recorded, and indexed abstract of judgment that correctly reflects the balance due when it was issued creates a judgment lien under Texas law, even…

2Cases cited19 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Carr v. BrasherTexas Supreme Court · 1989
  3. In the Matter of E.C. Henderson and Phyllis Henderson, Debtors. E.C. Henderson and Phyllis Henderson v. Lee BelknapCourt of Appeals for the Fifth Circuit · 1994
  4. Willis v. Sanger Bros.Court of Appeals of Texas · 1897
  5. Askey v. PowerTexas Commission of Appeals · 1931

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3Cited by7 opinions

  1. EP Energy E&P Company, L.P v. Maltsberger/Storey Ranch, LLCUnited States Bankruptcy Court, S.D. Texas · 2020
  2. Freddy Wirt v. LaBelleCo Fab, LLC, Texas Court of Appeals, 9th District (Beaumont)2024
  3. Herman v. Jackson (In Re Herman)United States Bankruptcy Court, E.D. Texas · 2004
  4. John Porterfield v. Deutsche Bank National Trust Company, Texas Court of Appeals, 4th District (San Antonio)2021
  5. Lantana Ridge Property Owners Association, Inc. v. SJWTX, Inc. D/B/A Canyon Lake Water Service Co., Texas Court of Appeals, 3rd District (Austin)2020

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