Sign In
Events
Newsletters
Search

Close

Close Search

SEARCH
MY LAW.COMNEW

Suttles v. Vestin Realty Mortgage I, Inc.

In this appeal and petition for writ of mandamus, appellants seek relief from the trial court's entry of a turnover order appointing a receiver and master in chancery. The trial court abused its discretion because the record contains no evidence showing the requirements for a turnover order or the appointment of a master exist. The trial court's turnover order is reversed and remanded to the trial court. The petition for writ of mandamus concerning the appointment of the master is conditionally granted. Houston's 1st Court of Appeals, Nos. 01-09-01023-CV & 01-10-00071-CV, 04-22-2010

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Original Proceedings on Petitions for Writ of Mandamus

OPINION

In this appeal and petition for writ of mandamus,*fn1 appellants and relators, Tracy and Cynthia Suttles seek relief from the trial court’s entry of a turnover order appointing a receiver and master in chancery. Appellees and real parties in interest, Vestin Realty Mortgage I, Inc., Vestin Realty Mortgage II, Inc., and Vestin Fund III, LLC (collectively “Vestin”), sought to enforce a judgment against the Suttles and two other judgment debtors.*fn2 The trial court entered a turnover order appointing a receiver and master in chancery. In their appeal, the Suttles contend the trial court erred by entering the turnover order appointing a receiver because Vestin presented no evidence of the facts required by the turnover statute*fn3 and the turnover order was sought for a purpose not authorized by the statute. The Suttles also challenge the appointment of the receiver on the grounds that the trial court gave the receiver power not authorized by statute; created a conflict of interest by appointing the same person as master and receiver; and ordered compensation for the receiver before any work had been done. In their petition for writ of mandamus, the Suttles contend the trial court erred by appointing a master because the case does not meet the requirements of Texas Rule of Civil Procedure 171, the master’s powers to redirect and open the Suttles’ mail violates federal postal law, and the same person is appointed both the master and receiver. We conclude that the trial court abused its discretion because the record contains no evidence showing the requirements for a turnover order or the appointment of a master exist. We reverse the trial court’s turnover order and remand to the trial court. We conditionally grant the petition for writ of mandamus concerning the appointment of the master.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center

GlobeSt Net Lease Spring 2023

April 03, 2023 - April 04, 2023
New York

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Learn More

Consulting Rising Stars of the Profession 2023

April 20, 2023
Chicago, IL

Consulting magazine is proud to recognize this unique group of movers & shakers at our annual Rising Stars of Profession awards.


Learn More

BenefitsPro Broker Expo

May 08, 2023 - May 10, 2023
Atlanta, GA

BenefitsPro Broker Expo will help attendees prepare for new issues, embrace new challenges and find new solutions.


Learn More
Go to Events Go to Webcasts

COMMERCIAL FINANCE ATTORNEY - CT OFFICES; REMOTE will be considered


We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

Corporate Associate (Hybrid Schedule)


Duane Morris LLP has an opening in its Houston office for a corporate associate to join its growing practice. The ideal candidate will hav...


Apply Now ›

CIVIL LITIGATION ATTORNEY New York


Morrison Mahoney LLP seeks a civil litigation insurance defense attorney for its New York City office. Areas of Concentration: ...


Apply Now ›
Go to Lawjobs

AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP

03/27/2023
NYLJ Web

Aaronson Rappaport Feinstein & Deutsch, LLP mourns the loss of cofounder and original Managing Partner, Mark B. Feinstein.


View Announcement ›

LAWYERS OF DISTINCTION

03/24/2023
NLJ Web

Lawyers of Distinction would like to announce...


View Announcement ›

SNYDER SARNO D'ANIELLO MACERI & DACOSTA

03/13/2023
NJLJ Web

Snyder Sarno D'Aniello Maceri & daCosta would like to announce that...


View Announcement ›
Go to Professional Announcements

Legal Newswire

St. Luke’s University Health Network Faces Federal Class Action Lawsuit by Emplo...
SUN INC Expands Its Legal Vendor Services to Attorneys and Law Firms Throughout ...
Africa leads the way for Artificial Intelligence in legal practice
3 Attorneys Join Litigation Team at GOLDLAW in West Palm Beach, Fla.
Submit a press release