*2 PRESSLER, party Before PAUL ROBERT- in against a third granted tion was CANNON, Therefore, SON and spouses. the favor of one of from exempt appellees Rule 693a does not PRESSLER, PAUL Justice. Bank v. Wa a bond. Northside posting of a appeal This is an from the denial 789, (Tex.Civ. chendorfer, 793 585 S.W.2d receivership motion to vacate a and dissolve 1979, writ); App. Dist.] [1st — Houston injunction. receivership a is temporary 70 Hughes, 536 S.W.2d Mtg. Co. v. Couch is temporary injunction vacated and the 1976, no (Tex.Civ.App. Dist.] [1st — Houston dissolved. the trial court issued writ). Because the a requiring without temporary injunction In first error it con- point of point first bond, Appellant’s it is void. injunction tends that is ab initio void is sustained. error a because the trial court failed to require precedent bond as a condition to the is- error, appel point In its fourth injunction suance of the as Tex. required should be receivership lant contends enjoined ap- R.Civ.P. 684. The trial court appoint was appellee vacated because Gaitz pellant from with a scheduled Rule 695. ed in violation of Tex.R.Civ.P. foreclosure on some real on which property pertinent part: 695 in it property held a valid lien. This was divorce, receiver, stat- appel- provided by involved a and a Except where otherwise Gaitz, lee appointed J.J. had been to sell the with- ute, appointed shall be no receiver property. by ap- After numerous charge property defaults out notice to take pellee Geraldine Nations and her ex-hus- an immovable. When which is fixed and Nations, Jr., George band L. Nationwide receiver appointment of a application for attempted to foreclose at a sale scheduled type property possession to take 1,1982. 27,1982, May appellee for June On set the filed, or court shall is filed a motion “Motion to styled Nations of such hearing and notice down for same a Property.” sought Preserve This motion the adverse given shall be to hearing a temporary restraining order and less thereof not by serving notice party rary injunction prohibiting Nationwide hearing. to such days prior than three with the scheduled foreclo- ap was Gaitz present appellee In the was in long receivership sure sale as the court by order of pointed receiver The trial court the motion effect. given to 4,1982. No notice signed May 28, 15, 1983, April appel- on May On to the assignor prior its nor to Nationwide lant filed its “Motion to Vacate Receiver- recog order. While entering its court’s Injunction.” Dissolve After two ship and divorce hearing courts a nize that Texas hearings, the court overruled receiv grant power have equitable action injunction motion and modified the so it is where the marital estate ership over automatically expire August it would on 2318 art. necessary, Tex.Rev.Civ.Stat.Ann. judicial action. 1983 without further it is where (Vernon 1971) power limits property marital the owner of sought by is
Under Tex.R.Civ.P. 684 a bond Wachendor creditor. against party a third prece as a condition specifically required authori fer, at 792. find no injunc 585 We temporary issuance S.W.2d dent to the obligation. alleviate this ty which would applicant to file such tion. Failure notice is a receiver without Appointment of injunction void ab initio. bond renders prop- where immovable (Tex. forbidden Goodwin, expressly v. 456 S.W.2d Goodwin erty 695; is involved. Wa Tex.R.Civ.P. chendorfer, 585 Appel at S.W.2d 791-792. Eugene WINOGRAD, Trustee, Dr. lant’s point fourth of error is sustained. Appellant, point In seventh of error, appel
lant asks us to remand this case to CLEAR LAKE CITY WATER AUTHOR- court for a determination of *3 ITY, Appellant alleges in brief that the deed of trust contains a provision for attorney’s No. A14-82-489CV. fees defending for such one actions of involved in this pleading case. There is no for attorney’s fees. deed is not The of trust thus, record before us and there would be basis of for determination We, fees attorney’s court. therefore, refuse to remand this cause
the trial court.
Since the above deter- points error are
minative the disposition
find it unnecessary to address
remaining The creating contentions. order
the receivership is vacated and the
rary injunction is dissolved.
CANNON, J., not participating.
MOTION FOR REHEARING
Appellant, has filed a Motion for Rehear-
ing concerning this court’s disposition of its
seventh point of error wherein it requested
that the case be remanded to the trial court
for a determination of attorney’s fees.
Although, Nationwide a re included
quest for attorney’s fees in its Motion to
Vacate Receivership Injunc and Dissolve
tion and the Deed of Trust for
attorney’s fees, appellant would be not
entitled to such fees unless the Deed
Trust actually admitted into evidence.
Appellant’s Motion for Rehearing contains
an extract from the Statement of Facts
showing Deed Trust was sub mitted to the trial court for its considera Ross, & Griggs Harri- Kelly, tion. appellant While did tender the exhib son, Houston, it, reading of the remainder Hurt, Jeffrey Ryman, W. Chris E. Leon- discussion shows that he failed to have Koehn, Bellaire, ard, Hurt, ap- Rose & trial court rule on whether the exhibit was pellees. admitted. Without the being exhibits ad mitted in evidence there is no basis for BROWN, C.J.,
award of J. Before CURTISS ELLIS, Motion for Rehearing DRAUGHN and is denied.