Clearview Properties, LP v. T Reit, LP (Tex.App.- Houston [14th Dist.] Jul. 2,
2009)(per curiam) (turnover order reversed)
If the judgment underlying a turnover order is reversed, the turnover order must
also be reversed.
REVERSED AND RENDERED: Per Curiam
Before Justices Anderson, Guzman and Boyce
14-08-00827-CV Clearview Properties, L.P. v. T Reit, L.P.
Appeal from 270th District Court of Harris County
Trial Court Judge: Brent Gamble
Trial Court Case #: 2003-22196
Reversed and Rendered and Memorandum Opinion filed July 2, 2009.
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.