Case Information
*0 RECEIVED IN 13th COURT OF APPEALS CORPUS CHRISTI/EDINBURG, TEXAS 12/11/2015 4:18:22 PM DORIAN E. RAMIREZ Clerk *1 ACCEPTED 13-15-00556-cv THIRTEENTH COURT OF APPEALS CORPUS CHRISTI, TEXAS 12/11/2015 4:18:22 PM Dorian E. Ramirez CLERK CAUSE NO. 13-15-00556-CV IN THE THIRTEENTH COURT OF TEXAS APPEAL OF THE INTERLOCUTORY ORDER IN CAUSE NO. F-2308-14-1
FROM THE COUNTY COURT AT LAW NUMBER ONE (1) HIDALGO COUNTY, TEXAS PRESIDING HONORABLE RODOLFO GONZALEZ JUAN MANUEL ORTIZ Appellant
VS.
SARAY ORTIZ
Appellee APPELLANT'S RESPONSE TO DEFECT NOTICE Respectfully Submitted, Sergio Muñoz, Jr.
1110 S. Closner Blvd.
Edinburg, Texas 78539 Tel: 956-381-5555 Fax: 956-381-5563 Email: munozlawefile@gmail.com State Bar No. 24058009 Appellant's Attorney *2
APPELLANT'S RESPONSE TO DEFECT NOTICE NOW COMES, JUAN MANUEL ORTIZ, Appellant and files this, his response to the defect notice dated November 25, 2015.
I. REPLY
On November 25, 2015, Appellant received a defect notice from this court pursuant to T.R.A.P. 37.1 stating that it appears the order which he is attempting to
appeal is not appealable. Appellant filed his amended notice of interlocutory
appeal on November 30, 2015. Appellant believes this is an appealable order
pursuant to Civil Practice and Remedies Code 51.014 which states in relevant
parts:
(a) A person may appeal from an interlocutory order of a district court, county court at law, statutory probate court, or county court that:
(1) appoints a receiver or trustee; Accordingly, Appellant wishes to appeal the interim order signed on November 23, 2015, appointing a receiver over any and all assets and businesses
owned by the parties, specifically, Zitro Electric L.L.C, Zitro Investments L.L.C.,
JCon Construction L.L.C., and Jcon Investments L.L.C.
II. STANDARD FOR APPOINTMENT OF RECEIVER *3 To prevail on a Motion for Appointment of Receiver, a party must demonstrate to the Court that their assets are in danger of being lost, removed, or
materially injured.
Petitioner sought the appointment of a receiver under the following provisions of Section 6.502 of the Texas Family Code, which provides, in relevant
part, as follows:
(a) While a suit for dissolution of a marriage is pending and on the motion of a party or on the court's own motion after notice and hearing, the court
may render an appropriate order, including the granting of a temporary injunction
for the preservation of the property and protection of the parties as deemed
necessary and equitable and including an order directed to one or both parties:
(5) appointing a receiver for the preservation and protection of the property of the parties.
Appellant believes no evidence was presented to the trial court even tending to indicate that a clear necessity existed for the appointment of a receiver, or that
no other adequate remedy was available, or that Appellee's assets were in actual
danger of being lost, removed or materially injured. Appellee having presented no
such evidence, Appellant believes the Motion for Appointment of Receiver should
have been denied and wishes to proceed with an interlocutory appeal for this
Court's review.
III. CONCLUSION Pursuant to Civil Practice and Remedies Code 51.014, Appellant believes the appointment of a receiver in an interim order is appealable through an
interlocutory appeal. Appellant respectfully requests this Court allow him to
proceed with an interlocutory appeal and that this appeal not be dismissed for want
of prosecution pursuant to T.R.A.P. 42.3.
Certificate of Service
I certify that on December 11, 2015 a true and correct copy of Appelant's
response to Defect Notice was served to each person listed below by the method
indicated.
Rick Salinas
Salinas and Flores Law Office
2011 N. Conway Ave. McAllen, Texas 78572
P: 956.584.3900
Email: rsalinaslaw@yahoo.com
Attorney for Petitioner
Marla A. Cuellar
Law Offices of Marla Cuellar
612 W. Nolana Ave, McAllen, Texas 78504
P: 956.687.4529
Email: mcuellarlaw@live.com
Attorney for Petitioner
Rick Zuniga
Atlas Hall & Rodriguez, L.L.P.
818 Pecan Ave. McAllen, Texas 78501
P: 956.682.5501
Email: rzuniga@atlashall.com
Attorney for Intervenor Plains Capital Bank
Michael De Luna
Law Office of Marco A. De Luna
5804 N. 23rd Street
McAllen, Texas 78504
P: 956.992.8870
Email: marcodelunalaw@gmail.com
Co-Counsel for Respondent
/s/ Sergio Muñoz, Jr.
SERGIO MUÑOZ, JR.
Attorney for Appelant