Gerdes v. Kennamer case brief summary155 S.W.3d 541

CASE SYNOPSIS

Appellants, a judgment debtor as well as his wife, challenged a conclusion of the 23rd District Court of Matagorda County (Texas), which issued a 3rd turnover social club inward favor of appellee creditor pursuant to Tex. Civ. Prac. & Rem. Code Ann. § 31.002 (1997).

PROCEDURAL HISTORY
The trial courtroom had issued turnover orders that effected a turnover inward a Mexican entity inward which both the debtor as well as the married adult woman had an interest. They appealed from the 3rd turnover order, contestation that it went beyond the range of Tex. Civ. Prac. & Rem. Code Ann. § 31.002 (1997).

DISCUSSION

The courtroom affirmed.
The trial courtroom did non abuse its discretion yesteryear compelling the debtor's wife, a non-debtor, to laissez passer on documents.
The debtor did non claim that her involvement was non dependent plain to the debtor's control, nor did he tender the documents amongst his signature only.
Thus, the turnover social club was non beyond the range of § 31.002(b)(1).
The creditor established that a debtor as well as his married adult woman had an involvement that could non bring been readily attached yesteryear ordinary legal process.
The documents ordered turned over were specific corporate resolutions that effected a transfer of the involvement inward the entity, as well as accordingly, consents inward writing would hold upwardly signed yesteryear the holders of all the shares, which made Tex. Bus. Corp. Act Ann. art. 9.10 applicable as well as dispensed amongst the requirement of a coming together inward the entity's domicile.
Thus, the social club did non involve the violation of the entity's articles of incorporation.