Rose Crago v. Jim Kaelin, 13-15-00055-CV

Appellant Rose Crago sued Nueces County Sheriff Kaelin for failure to levy a writ of execution on David Crago's real property.
Writ issued January 5, 2012 based on a 2007 judgment for $120,000 plus interest and costs.
Crago directed levy on 14001 Fortuna Bay Dr., Corpus Christi; property owned by David Crago, judgment debtor.
David Crago designated homestead at a different property in December 2007; January 2009 designation attempted for Fortuna Bay property.
The Fortuna Bay designation occurred eight months after the judgment lien attached and after the abstract of judgment (May 2, 2008).
Appellee argued the post-lien homestead designation exempted the Fortuna Bay property from levy; Crago argued duty to levy remained.

Issue	Plaintiff's Argument	Defendant's Argument	Held
No evidence supports liability for failure to levy	Crago	Kaelin	No genuine issue; liability exists where duty to levy was not discharged
Traditional summary judgment elements proven or defenses	Crago	Kaelin	Genuine issues of material fact preclude traditional summary judgment

Ford Motor Co. v. Ridgway, 135 S.W.3d 598 (Tex. 2004) (no-evidence standard governs when both sides advance summary judgment)
Hamilton v. Wilson, 249 S.W.3d 425 (Tex. 2008) (per curiam on no-evidence standard)
Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572 (Tex. 2006) (no-evidence standard requires more than a scintilla of proof)
In re: Dendy, 175 S.W.2d 297 (Tex.Civ.App. 1943) (judicial decisions interpret law as written; do not create law)
Healthcare Centers of Texas, Inc. v. Rigby, 97 S.W.3d 610 (Tex.App.—Houston [14th Dist.] 2002) (high court guidance on duties and remedies in execution)
Henry S. Miller Co. v. Evans, 452 S.W.2d 426 (Tex. 1970) (officers levy non-exempt property when properly directed)