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Roebuck v. Horn

The turnover procedure contemplates the presence of third parties where their interests may be involved.

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OPINION

Thomas Peter Roebuck, Jr. appeals from the entry of a turnover order and the appointment of a receiver. He presents the following five issues: (1) Did the trial court abuse its discretion in entering the turnover order when Winnie Raquel Horn, the appellee, produced no evidence that he had any asset subject to turnover?; (2) Did the trial court abuse its discretion in entering the turnover order when the order does not address any of Roebuck’s specific assets?; (3) Did the trial court abuse its discretion in entering the turnover order when the order requires turnover of assets owned in whole or in part by third parties?; (4) Did the trial court abuse its discretion in granting the receiver powers of a master in chancery and by only requiring a bond of $100?; and (5) Did the trial court abuse its discretion in ordering the production of all of the documents in a request for production attached to the order? We reverse the turnover order and remand to the trial court for further proceedings consistent with this opinion.

Horn obtained a judgment against Roebuck in excess of $76,000. Concluding that she would not be able to recover the judgment through execution, Horn sought and received a turnover order and the appointment of a receiver. Roebuck asserts in issues one, two, and three that the trial court abused its discretion in entering the turnover order because there was no evidence that he had any asset subject to turnover, because the order is invalid and illegal on its face, and because the order requires turnover of assets owned in whole or in part by third parties.

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