Tanner v. McCarthy

How courts have described this case

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

• recognizing that section 31.002(a) does not “specify, or restrict, the manner in which evidence may be received in order for a trial court to determine whether the conditions of section 31.002(a
• holding that trial court erred by ordering turnover because application adduced no evidence, by affidavit or otherwise, that would have provided trial court basis for concluding debtor owned nonexempt property subject to turnover
• stating that before trial court may grant relief under turnover statute, it must “determine that the request for aid pending before the court falls within the scope of section 31.002,” including determining that debtor has sufficient nonexempt assets to satisfy relief ordered
• listing elements of obtaining relief under section 31.002(b), including proof that judgment debtor owns property that (1) cannot be readily attached or levied on by ordinary legal process and (2) is not exempt from attachment, execution, or seizure for satisfaction of liabilities
• “A trial court will not be reversed for an abuse of discretion so long as there is some evidence of a substantive and probative character to support the decision,”
• under abuse-of-discretion standard, legal and factual insufficiency challenges do not constitute independent grounds for error, but are factors examined in assessing whether trial court abused its discretion

Source: CourtListener parenthetical corpus (CC0).