Opinion
NO. 09-19-00157-CV NO. 09-19-00254-CV
11-23-2020
NEW PENN FINANCIAL LLC D/B/A SHELLPOINT MORTGAGE SERVICING AND MTGLQ INVESTORS L.P., Appellants v. BEVERLY SALVAGIO AND JAMES DAVID SALVAGIO, Appellees IN RE MTGLQ INVESTORS L.P.
On Appeal from the 58th District Court Jefferson County, Texas
Trial Cause No. A-201,268 and Original Proceeding
ORDER
On August 21, 2019, this Court granted a writ of injunction enjoining James David Salvagio, individually and in any of his representative capacities, including as the independent executor of the Estate of Beverly Salvagio, Deceased, and as beneficiary and trustee of the James David Salvagio Living Estate Trust, ("Salvagio") from directly or indirectly selling, conveying, or otherwise disposing of the following property located in Jefferson, County, Texas: Lot Number sixteen (16), in Block Number five (5) of Helena Park, section three (3) addition to the City of Nederland, Jefferson County, Texas, according to the map or plat of record in volume 11, page 4, map records in the office of the County Clerk of said county and state, commonly known as 3119 Nashville, Nederland, Texas 77627.
On November 12, 2020, this Court received notice that Salvagio violated the writ of injunction by conveying the property to Julianne Salvagio and John Salvagio on August 19, 2020, by warranty deed subject to a deed of trust granting a first lien to Quicken Loans, LLC to secure a note in the amount of $164,000. It appears that James David Salvagio has violated this Court's August 21, 2019 writ of injunction and that he is in contempt of an order of the Court of Appeals. An appellate court has limited ability to develop evidence, however, the parties should have the opportunity to develop evidence and testimony and to cross-examine witnesses. A Court of Appeals may refer contempt proceedings to the trial court for hearing and factfinding. In re Sheshtawy, 154 S.W.3d 114, 124 (Tex. 2004).
We refer the notice of injunction violation to the trial court and instruct the trial court to hold an evidentiary hearing and make findings of fact on whether James David Salvagio, individually and in any of his representative capacities, including as the independent executor of the Estate of Beverly Salvagio, Deceased, and as beneficiary and trustee of the James David Salvagio Living Estate Trust, ("Salvagio") directly or indirectly sold, conveyed or otherwise disposed of the following property located in Jefferson, County, Texas: Lot Number sixteen (16), in Block Number five (5) of Helena Park, section three (3) addition to the City of Nederland, Jefferson County, Texas, according to the map or plat of record in volume 11, page 4, map records in the office of the County Clerk of said county and state, commonly known as 3119 Nashville, Nederland, Texas 77627.
We direct the trial court to issue a notice for a show cause hearing on a date and time certain for James David Salvagio to appear in person and answer the allegations made by MTGLQ Investors L.P. in its notice of injunction violation and any motion for contempt that may be filed at least ten days before the hearing, to make findings of fact and to make recommendations regarding coercive, curative, or punitive measures to address any violation of our writ of injunction of August 21, 2019. A reporter's record of any hearing conducted by the trial court, together with a clerk's record containing any motions and responses filed by the parties and the findings and recommendations of the trial court, shall be filed with the Court of Appeals by January 22, 2021.
ORDER ENTERED November 23, 2020.
PER CURIAM Before Kreger, Horton and Johnson, JJ.