Family law attorney Larry Martin, with the assistance of co-counsel Bruce Claycombe and Dallas Sessions from GPD’s Business Litigation Section, recently obtained a temporary restraining order (TRO) and order vacating an interlocutory default judgment, turnover order, and appointment of receiver in a lawsuit pending in the County Court at Law No. 5 in and for Dallas County, Texas.
After plaintiff obtained a no-answer default judgment and seized more than $100,000 from defendant, defendant retained GPD’s attorneys and moved to vacate the judgment on grounds that it was not final or enforceable due to claims still pending against defendant in the lawsuit. Plaintiff argued the judgment was final and enforceable notwithstanding the remaining claims pled, and that the Court did not have jurisdiction to vacate the judgment. After a hearing on defendant’s motions, the Court vacated its prior judgment and orders and entered a TRO prohibiting plaintiff from transferring the funds seized from defendant.