Edmonds v. Gray & In re Edmonds (Published Memo): Appointment of a receiver is within the trial court’s judgment enforcement power. Divorce decree provided that a Lake Tyler East house would be sold for an “mutually agreed” price. Initially, the exes did agree on a listing price, but then the house sat on the market and they couldn’t agree on “how low to go” to get it sold. The court’s appointment of a receiver to sell the house was in the nature of enforcement of the decree as written and was not an impermissible substantive modification of the decree’s terms. Tex. Fam. Code § 9.007(a).
Interlocutory appeal is the appropriate tool to challenge appointment of a receiver. A challenge to the appointment of a receiver is specifically enumerated in the interlocutory appeal statute. Tex. Civ. Prac. & Rem. Code § 51.014(a)(1). That being said, incidental rulings in an order appointing a receiver are not covered by the statute, leaving mandamus as the only avenue of pre-trial review for those issues. Such as the $6,000 monetary award to Edmonds.Continue Reading…
