In the Interest of C.F.M.
2012 Tex. App. LEXIS 711
Tex. App.2012Background
- Husband filed for divorce February 12, 2009; trial court issued temporary orders June 8, 2009.
- Wife moved for appointment of a receiver June 30, 2010 based on Husband’s nonpayment and asset dissipation.
- Trial court held hearings July–August 2010, found Husband in contempt, and deferred ruling on receivership.
- Court later signed order appointing Howard Spector as receiver March 21, 2011.
- Husband appealed under Texas law allowing interlocutory appeal of receivership orders; court conducted reconsideration and issued findings of fact and conclusions of law.
- Court concluded appointment was necessary and equitable to protect both parties and property, and upheld the receivership over Husband’s challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority and standard for appointing a receiver | Husband contends improper standard used; receiver used to punish. | Wife argues Court had broad discretion under Family Code 6.502 to appoint to preserve property. | Court acted within proper discretion under §6.502. |
| Due process—notice and hearing | Husband claims lack of notice/hearing on basis for receivership. | Wife argues hearings occurred; ample opportunity to be heard; record shows restraint. | Not reversible; adequate notice and opportunity to be heard; harmless error if any. |
| Property scope and segregation of assets | Receivership should be limited to community property; separate property excluded. | Receivership covers all property of the parties; no segregation required. | Receivership may extend to all property; no error in not segregating. |
| Effect of prior findings and incompetency evidence | Credibility and noncompliance justify receivership. | Findings supported; receiver appropriate to enforce court orders. |
Key Cases Cited
- Norem v. Norem, 105 S.W.3d 213 (Tex.App.-Dallas 2003) (broad discretion under 6.502; use of receiver to effectuate court orders)
- Young v. Young, 765 S.W.2d 440 (Tex.App.-Dallas 1988) (receiver aid to effectuate court orders)
- Elliott v. Elliott, 422 S.W.2d 757 (Tex.Civ.App.-Fort Worth 1967) (historical authority on receivership in family/divorce context)