Beaumont Bank, N.A. v. Buller

806 S.W.2d 223, 34 Tex. Sup. Ct. J. 482, 1991 Tex. LEXIS 41, 1991 WL 45130
CourtTexas Supreme Court
DecidedApril 3, 1991
DocketC-9202
StatusPublished
Cited by1,107 cases

This text of 806 S.W.2d 223 (Beaumont Bank, N.A. v. Buller) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beaumont Bank, N.A. v. Buller, 806 S.W.2d 223, 34 Tex. Sup. Ct. J. 482, 1991 Tex. LEXIS 41, 1991 WL 45130 (Tex. 1991).

Opinions

OPINION

COOK, Justice.

This case arises from the trial court's application of the Texas “turnover” statute, the procedural device by which judgment creditors may reach assets of a debt- or that are otherwise difficult to attach or levy on by ordinary legal process.1 The trial judge found that the respondent, Patricia H. Buller, both individually and as estate representative, possessed cash that was owned by the estate of her deceased husband. The trial court ordered Mrs. Bul-ler to turn over the cash to the sheriff as partial satisfaction of the bank’s judgment against the decedent’s estate. The court of appeals reversed, holding there was “no evidence of the existence of the asset which is the subject of the turnover.” 777 S.W.2d 763, 765. The issue presented to this court is whether the court of appeals properly reversed the trial court on “no evidence” grounds. For the reasons set forth below, the judgment of the court of appeals is reversed.

Paul Buller died on October 25, 1985, leaving a will designating his wife, Patricia Buller, sole heir and independent executrix of his estate. At the time of his death, Paul Buller owned a $100,000 certificate of deposit (“C.D.”), which was deposited at the First State Bank of Lumberton in a bank account held jointly with his wife. This C.D. was scheduled as community property in the estate inventory. Mr. Bul-ler was also guarantor on promissory notes totalling $199,553.09 held by Beaumont Bank.

On December 2, 1985, proceeds from the C.D. totalling $99,736.99 were transferred from the Lumberton bank account into the “Special Trust Account” of Marshall Rea— Mrs. Buller’s attorney. Between December 23, 1985 and February 20, 1986, Mr. Rea made three wire transfers, totalling $47,010, from another trust account (styled “Trust Account no. 5”) to Mrs. Buller’s relatives. Although at the time of these [225]*225wire transfers “Trust Account no. 5” did not contain estate money, Mr. Rea testified he considered these transfers to be “loans” against the estate funds. On February 28, 1986, Mr. Rea transferred $101,590 from the “Special Trust Account” to “Trust Account no. 5”. Subsequently, Mr. Rea allegedly made more than thirty additional disbursements, including mortgage payments for Mrs. Buller’s home, cash payments to Mrs. Buller, and payments for Mr. Rea’s legal fees. During the approximately two years that Marshall Rea managed the estate of Paul Buller, he disbursed a total of $103,661.24 pursuant to the instructions of Mrs. Buller.

Soon after Mr. Buller’s death, representatives of Beaumont Bank contacted Mr. Rea requesting that Mr. Buller’s estate pledge the $100,000 C.D. as additional collateral against the promissory notes guaranteed by Mr. Buller. The parties engaged in several discussions concerning Beaumont Bank’s claims against the Buller estate. A primary concern of these discussions was the ultimate disposition of the C.D., which Beaumont Bank believed was still deposited in the Lumberton Bank. At some point in these negotiations, Mr. Rea revealed to Beaumont Bank that the C.D. money had been transferred into his personal trust account.

In January 1986, the promissory notes guaranteed by the decedent went into default. In February 1986, Beaumont Bank filed suit on the notes, recovering a judgment in excess of $270,000. Subsequently, the Bank filed a motion for turnover relief, and a hearing was held on this issue on January 7, 1988 and February 8, 1988.2 Judgment was rendered in favor of Beaumont Bank, and on March 14, 1988, the trial court issued an Order for Turnover Relief in the amount of $97,661.24.

At the turnover relief hearing, Mrs. Bul-ler testified that the funds transferred from the Lumberton account to Mr. Rea’s trust fund were the proceeds from the $100,000 C.D. belonging to Mr. Buller’s estate. Mrs. Buller also testified that she was fully cognizant of her fiduciary duties as a personal representative of the estate, which included a duty to ascertain the liabilities of the estate. Nonetheless, Mrs. Buller admitted to personally authorizing the transfers from Mr. Rea’s trust accounts for the express purpose of thwarting the seizure of the C.D. monies by Beaumont Bank, a legitimate creditor of the estate. The evidence at the hearing showed many, if not all, of the various disbursements from Mr. Rea’s trust account were made to Mrs. Buller and other persons having no legitimate claim on the estate of Paul Buller.

When ordered by the trial court to provide receipts of the disbursements of the $100,000, Mrs. Buller provided only one: a receipt of the $17,000 wire transfer from Mr. Rea’s “Special Trust Account” to the account of her son-in-law, who had no legitimate claim against the estate. Mrs. Buller claimed to have no other receipt that could account for how she spent the C.D. monies. Other testimony by Mrs. Buller revealed that she transferred approximately $250,-000 to an account in the Cayman Islands in the summer of 1986. Mrs. Buller claimed that these Cayman Island funds were proceeds from an unspecified life insurance policy; however, no evidence was ever introduced as to the origin or exact amount of the alleged life insurance policy. Indeed, when questioned under oath about [226]*226this account, Mrs. Buller claimed she could not even remember the name of the city in which this account was located. At this point in her testimony, Mrs. Buller was reprimanded by the trial court for laughing on the witness stand. Based on these facts, the trial court granted the requested turnover relief.

Although the court of appeals reversed the trial court on the ground that there was “no evidence” to support the issuance of the turnover order, the court of appeals should have reviewed the trial court’s judgment under an abuse of discretion standard. See, e.g., Buttles v. Navarro, 766 S.W.2d 893 (Tex.App. — San Antonio 1989, no writ); Sloan v. Douglass, 713 S.W.2d 436 (Tex.App. — Fort Worth 1986, writ ref’d n.r.e.); Barlow v. Lane, 745 S.W.2d 451 (Tex.App. — Waco 1988, writ denied). Whether there was no evidence to support the turnover award would, of course, be a relevant consideration in determining if the trial court abused its discretionary authority in issuing the order.

A trial court may be reversed for abusing its discretion only when the court of appeals finds the court acted in an unreasonable or arbitrary manner. See Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 (Tex.1985). Stated somewhat differently, abuse of discretion occurs when a trial court acts “without reference to any guiding rules and principles.” Id. at 241-42 (citations omitted). A corollary principle is that the court of appeals may not reverse for abuse of discretion merely because it disagrees with a decision by the trial court, if that decision was within the trial court's discretionary authority. Id. at 242. In the context of turnover orders, it has been held that a trial court’s issuance of a turnover order, even if predicated on an erroneous conclusion of law, will not be reversed for abuse of discretion if the judgment is sustainable for any reason. Buttles, 766 S.W.2d at 894-95.

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Cite This Page — Counsel Stack

Bluebook (online)
806 S.W.2d 223, 34 Tex. Sup. Ct. J. 482, 1991 Tex. LEXIS 41, 1991 WL 45130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beaumont-bank-na-v-buller-tex-1991.