In re Estate of Michael Allen Hallmark, deceased
Aug 31, 2020OUTCOME: Reversed Order in my client's favor
In my second year as an attorney, I drafted an appeal for a client regarding a receivership that we argued was improperly appointed over our client's business. The court of appeals reversed the Order A ... ppointing Receiver. It concluded the following: "This is an interlocutory appeal from an order appointing a receiver for a partnership. This appeal requires us to determine the statutory basis for a county court at law, sitting as a probate court, to appoint a receiver for a Texas partnership. Because a Texas partnership is a “domestic entity” under the Texas Business Organizations Code, we conclude that the receivership provisions set out in that code provide the exclusive statutory basis for appointing a receiver for a Texas partnership. We further conclude that the trial court’s order appointing a receiver constitutes a rehabilitative receivership, and as such, the trial court was without authority to enter it." See http://search.txcourts.gov/SearchMedia.aspx?MediaVersionID=9aafe848-1727-4a14-89b2-f7b6eb4e36d4&coa=coa11&DT=Opinion&MediaID=54bb92cf-f899-438f-90cf-4936b5ff9d5a
