Elliott v. Weatherman

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reviewing receivership order and explaining that “we may not substitute our judgment on factual matters for that of the trial court unless it is clear from the record that the trial court could reach only one decision”
• “threshold issue” is whether complaining parties “received proper notice …” and whether “oral request for receivership at conclusion of the temporary injunction hearing [was] sufficient”
• “[A] trial court should not appoint a receiver if another remedy exists at law or in equity that is adequate and complete.”
• “A trial court should not appoint a receiver if another remedy exists at law or in equity that is adequate and complete.”
• “[T]he appointment of a receiver without notice . . . should be exercised . . . only where great emergency or imperative necessity requires it.” (internal quotation marks omitted)
• “Even if a specific statutory provision authorizes a receivership, a trial court should not appoint a receiver if another remedy exists at law or in equity that is adequate and complete.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

17 cases in this archive cite this case.

• Estate of Hoskins
  Court of Appeals of Texas· 2016-09-08· cited 24×
• Estate of Shirley L. Benson
  Tex. App. Ct., 4th Dist. (San Antonio)· 2015-09-09
• Levi Morin v. Law Office of Kleinhans Gruber, PLLC
  Tex. App. Ct., 3rd Dist. (Austin)· 2015-06-12
• Estate of Shirley L. Benson
  Tex. App. Ct., 4th Dist. (San Antonio)· 2015-03-06
• William H. Scurlock v. John M. Hubbard
  Tex. App. Ct., 6th Dist. (Texarkana)· 2015-03-20
• Pamela Mehl v. David Stern
  Tex. App. Ct., 3rd Dist. (Austin)· 2015-03-23
• Estate of Lee Roy Hoskins Sr.
  Tex. App. Ct., 13th Dist.· 2015-12-17
• Estate of Lee Roy Hoskins Sr.
  Tex. App. Ct., 13th Dist.· 2015-12-30
• Estate of Lee Roy Hoskins Sr.
  Tex. App. Ct., 13th Dist.· 2015-11-10
• in the Matter of Bumstead Family Irrevocable Trust
  Tex. App. Ct., 13th Dist.· 2022-03-10
• Ovation Finance Holdings 5 LLC v. G.E.T. Marketing, LLC PSW Real Estate, LLC And Stapleton Group
  Tex. App. Ct., 7th Dist. (Amarillo)· 2024-04-15
• Ex parte Steve Marshall, in his official capacity as Attorney General of the State of Alabama (In re: Megan Carmack and Leigh Gully Manning, individually and on behalf of minor children, Michaelyn Leigh Manning and Michael Sanders Manning v. Regions Bank, in its fiduciary capacity as trustee of the Mabel Amos Memorial Fund) (Montgomery Circuit Court: CV-22-900830) and (In re: Tyra Lindsey, a minor, by and through her mother and guardian, Denese Rankin; and Steve Marshall, in his official capacit
  Supreme Court of Alabama· 2025-01-10
• Frances Spanos Shelton v. Vernon Leuschner, and as Durable Power of Attorney for Katherine Leuschner, Robert Lee Spanos, Christopher Blake Spanos, and Kathryn Nicole Lawrie
  Tex. App. Ct., 15th Dist.· 2025-06-26
• JJ&A Partnership Rental, LP and James M. Fulton Jr. v. J&D Partners, LTD., Cheryl Huelsman, and James M. Fulton Sr.
  Tex. App. Ct., 9th Dist. (Beaumont)· 2025-07-31
• Frances Spanos Shelton v. Vernon Leuschner, and as Durable Power of Attorney for Katherine Leuschner, Robert Lee Spanos, Christopher Blake Spanos, and Kathryn Nicole Lawrie
  Tex. App. Ct., 15th Dist.· 2025-08-25
• In Re Frances Spanos Shelton v. the State of Texas
  Tex. App. Ct., 15th Dist.· 2025-10-06
• In the Estate of Lonnie K. Ledbetter Jr. v. the State of Texas
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2026-02-05

Cites

14 cases in this archive are cited by this case.

• Walker v. Packer
  Texas Supreme Court· 1992-05-07· cited 8,808×
• Bocquet v. Herring
  Texas Supreme Court· 1998-08-25· cited 1,497×
• IKB Industries (Nigeria) Ltd. v. Pro-Line Corp.
  Texas Supreme Court· 1997-01-31· cited 542×
• Tom James of Dallas, Inc. v. Cobb
  Tex. App. Ct., 5th Dist. (Dallas)· 2003-07-11· cited 133×
• Mueller v. Beamalloy, Inc.
  Tex. App. Ct., 1st Dist. (Houston)· 1999-06-03· cited 61×
• Benefield v. State Ex Rel. Alvin Community Health Endeavor, Inc.
  Tex. App. Ct., 1st Dist. (Houston)· 2008-10-10· cited 45×
• Rowe v. Rowe
  Court of Appeals of Texas· 1994-12-14· cited 41×
• Krumnow v. Krumnow
  Tex. App. Ct., 10th Dist. (Waco)· 2005-10-11· cited 39×
• B & W Cattle Co. v. First National Bank of Hereford
  Tex. App. Ct., 7th Dist. (Amarillo)· 1985-06-19· cited 18×
• Independent American Savings Ass'n v. Preston 117 Joint Venture
  Tex. App. Ct., 5th Dist. (Dallas)· 1988-06-08· cited 17×
• Strategic Minerals Corp. of America v. Dickson
  Court of Appeals of Texas· 1959-01-28· cited 17×
• Marion v. Marion
  Court of Appeals of Texas· 1947-06-25· cited 16×
• O & G Carriers, Inc. v. Smith Energy 1986-A Partnership
  Court of Appeals of Texas· 1992-02-27· cited 16×
• Best Investment Co. v. Whirley
  Court of Appeals of Texas· 1976-03-24· cited 11×