Shor v. Pelican Oil & Gas Management, LLC
2013 Tex. App. LEXIS 1824
| Tex. App. | 2013Background
- Shor sought execution on a Nueces County judgment debt against Black and related entities.
- Pelican sought to enjoin turnover and other collection efforts in Grimes County pending a declaratory judgment.
- Grimes County TROs and a temporary injunction were issued prohibiting Shor from acting against Pelican and the related entities.
- Pelican filed for declaratory relief that the applicants are not debtors and that their assets are not subject to execution.
- Evidence showed the Trust owns the applicant entities and Grimes County assets; Paul Black’s control of the entities was disputed but not proven to make him owner of the assets.
- Grimes County court granted the temporary injunction; Shor appeals on jurisdiction and propriety of injunction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 65.023(b) prevents Grimes County from issuing the injunction | Shor: Grimes lacks jurisdiction under 65.023(b) | Pelican: non-parties may seek injunction; statute not limited to original court | 65.023(b) does not apply to non-parties; Grimes County has jurisdiction. |
| Whether the temporary injunction was properly granted given the evidence | Shor: insufficient evidence of likely injury or right to relief | Pelican: evidence shows probable right and imminent, irreparable harm | injunction supported; status quo preserved pending merits. |
Key Cases Cited
- Butrón v. Cantu, 960 S.W.2d 91 (Tex.App.-Corpus Christi 1997) (jurisdictional rule for injunctions stay on judgments remains with original court when the judgment is valid)
- McVeigh v. Lerner, 849 S.W.2d 911 (Tex.App.-Houston [1st Dist.] 1993) (section 65.023 controls jurisdiction; misalignment with original judgment venue invalid)
- Zuniga v. Wooster Ladder Co., 119 S.W.3d 856 (Tex.App.-San Antonio 2003) (non-party to underlying judgment may seek injunction to prevent misused execution)
- Williams v. Murray, 783 S.W.2d 233 (Tex.App.-Corpus Christi 1989) (status quo preservation by non-party injunction allowed when preventing improper execution)
- Van Ratcliff v. Call, 10 S.W. 579 (Tex. 1889) (predecessor to 65.023; non-applicability to stranger seeking to prevent execution on judgment)