Matthiessen v. Schaefer

Texas Supreme Court

Matthiessen v. Schaefer

915 S.W.2d 479, 1995 WL 761248

CourtTexas Supreme Court

DecidedMarch 7, 1996

Docket95-0423

StatusPublished

Cited by23 cases

This text of 915 S.W.2d 479 (Matthiessen v. Schaefer) 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.

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Matthiessen v. Schaefer, 915 S.W.2d 479, 1995 WL 761248 (Tex. 1996).

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Opinion

PER CURIAM.

This is an appeal of a turnover order. The only issue on appeal is the turnover order’s attorney’s fees award, which the court of appeals affirmed. 897 S.W.2d 825. On rehearing, the court of appeals reversed the judgment on which the turnover order is based. See Matthiessen v. Schaefer, 900 S.W.2d 792, 798 (Tex.App. — San Antonio 1995, writ denied). Today, we denied application for writ of error in that case. If the underlying judgment is reversed on appeal, then the turnover order must be reversed also. See Enis v. Smith, 883 S.W.2d 662, 663 (Tex.1994). Without hearing argument, a majority of the court grants writ of error, reverses the judgment of the court of appeals, and renders judgment that Schaefer take nothing by the turnover proceeding. Tex.R.App.P. 170.

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PER CURIAM.

This is an appeal of a turnover order. The only issue on appeal is the turnover order’s attorney’s fees award, which the court of appeals affirmed. 897 S.W.2d 825. On rehearing, the court of appeals reversed the judgment on which the turnover order is based. See Matthiessen v. Schaefer, 900 S.W.2d 792, 798 (Tex.App. — San Antonio 1995, writ denied). Today, we denied application for writ of error in that case. If the underlying judgment is reversed on appeal, then the turnover order must be reversed also. See Enis v. Smith, 883 S.W.2d 662, 663 (Tex.1994). Without hearing argument, a majority of the court grants writ of error, reverses the judgment of the court of appeals, and renders judgment that Schaefer take nothing by the turnover proceeding. Tex.R.App.P. 170.

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915 S.W.2d 479, 1995 WL 761248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthiessen-v-schaefer-tex-1996.

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