Clearview Properties, L.P. v. T Reit, L.P.

• Court: Court of Appeals of Texas
• Decided: July 2, 2009
• Docket: 14-08-00827-CV
• Status: Published

Opinion

Reversed and Rendered and Memorandum Opinion filed July 2, 2009

Reversed and Rendered and Memorandum Opinion filed July 2, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00827-CV

CLEARVIEW PROPERTIES, L.P., Appellant

V.

T. REIT, L.P., Appellee

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2003-22196

M E M O R A N D U M   O P I N I O N

T. L. Reit, L.P. obtained a judgment against Clearview Properties, L.P. on May 17, 2006, which was appealed to this court under our appellate case number 14-06-00716-CV.  This is an appeal from a turnover order and a charging order, both signed May 22, 2008, issued in enforcement of the 2006 judgment.

On January 29, 2009, this court issued an opinion in case number 14-06-00716-CV, reversing the portion of the judgment on which the enforcement orders were based.  In response to a notice from this court, appellant asserted that this appeal is moot because the orders being appealed have been rendered a nullity.

Rather than finding that an appeal in this situation is moot, the Texas Supreme Court has held that, if the judgment underlying a turnover order is reversed, the turnover order must also be reversed.  Ross v. Nat=l Center for the Employment of the Disabled, 201 S.W.3d 694, 695 (Tex. 2006); Matthiessen v. Schaefer, 915 S.W.2d 479, 480 (Tex. 1995). 

Accordingly, we reverse the turnover and charging orders signed May 22, 2008, and render a take nothing judgment in the enforcement proceeding.

PER CURIAM

Panel consists of Justices Anderson, Guzman, and Boyce.