Legal Opinion
Texas Lottery Commission v. First State Bank of DeQueen
Texas Court of Appeals, 3rd District (Austin)
Decided May 16, 2008No. 03-07-00249-CVPublishedCited by 5 opinions
1Opinion of the Court
OPINION
BOB PEMBERTON, Justice.
In 1995, appellee Cletius Irvan won approximately $9 million in the Texas Lottery, to be paid in annual installments of around $450,000. Pursuant to an Arkansas court order that has been domesticated in Texas, Irvan has attempted to sell and assign his right to receive the last two installment payments, which are due in 2013 and 2014. The lottery act (at least as interpreted by the Texas Lottery Commission) explicitly prohibits this assignment, while the Texas UCC not only allows such assignments, but provides that any state law restricting them is, to that…
2Cases cited15 opinions
- City of Rockwall v. HughesTexas Supreme Court · 2008
- State v. ShumakeTexas Supreme Court · 2006
- Fitzgerald v. Advanced Spine Fixation Systems, Inc.Texas Supreme Court · 1999
- Diversicare General Partner, Inc. v. RubioTexas Supreme Court · 2005
- Texas Department of Transportation v. City of Sunset ValleyTexas Supreme Court · 2004
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3Cited by5 opinions
- Texas Lottery Commission v. First State Bank of DeQueenTexas Supreme Court · 2010
- Centerpoint Energy Houston Electric, LLC v. Gulf Coast Coalition of Cities, Texas Court of Appeals, 3rd District (Austin)2008
- CenterPoint Energy Houston Electric, LLC and Public Utility Commission of Texas v. Gulf Coast Coalition of Cities, Texas Industrial Energy Consumers, the State of Texas and Occidental Power Marketing, L.P., Texas Court of Appeals, 3rd District (Austin)2008
- CenterPoint Energy Houston Electric, LLC and Public Utility Commission of Texas v. Gulf Coast Coalition of Cities, Texas Industrial Energy Consumers, the State of Texas and Occidental Power Marketing, L.P., Texas Court of Appeals, 3rd District (Austin)2008
- Texas Lottery Commission v. First State Bank of DeQueen, Texas Court of Appeals, 3rd District (Austin)2008