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Turner Bros. Trucking L.L.C. v. Baker

Tx. App. Dist. 5

February 26, 2013

The appellant argues the trial court abused its discretion in refusing to appoint a receiver, erred in concluding it lacked legal authority to order turnover of certain life insurance proceeds, and abused its discretion in failing to award attorneys' fees. Texas courts do not apply the turnover statute to non-judgment debtors. A judgment creditor who obtains turnover relief is entitled to reasonable costs, including attorneys' fees. The trial court's denial of attorneys' fees is reversed and remanded, and the judgment is otherwise affirmed. 5th U.S. Circuit Court of Appeals, No. 05-10-00882-CV, 02-21-2013.

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