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Crisp v. Clay

Fourth Court of Appeals San Antonio, Texas
May 21, 2018
No. 04-17-00808-CV (Tex. App. May. 21, 2018)

Opinion

No. 04-17-00808-CV

05-21-2018

Daniel CRISP, Appellant v. Ismael CLAY, et al. Appellees


From the 131st Judicial District Court, Bexar County, Texas
Trial Court No. 2017CI10107
The Honorable Angelica Jimenez, Judge Presiding

ORDER

This is an appeal from an enforcement order rendered against appellant Daniel Crisp. On December 11, 2017, the trial court signed an "Order Enforcing Prior Turnover Order," requiring Crisp, the sole signatory on a certain TD Ameritrade account, to wire $406,917.50 to a receiver that had been appointed in a previously rendered turnover in favor of appellees, Ismael Clay, Joshua Kennedy, Matthew Arneson, Arthur Charles, Samone Drake, Phillip Erbe, Christopher Ramos, Christopher Rochon, Elric Thomas, Jimmie Walden, Jorge Garza, and Christopher Buza.

The underlying turnover order arises out of a judgment appellees obtained against Crisp in the San Antonio Division of the United States District Court, Western District of Texas. Thereafter, appellees domesticated the judgment and filed an application for a post-judgment turnover order and appointment of a receiver in the 131st District Court in Bexar County. The trial court granted appellees' application and appointed a receiver pursuant to the Texas Turnover Statute, ordering Crisp to turn over to the receiver all funds or other assets held in any and all accounts in which he may have an interest and granting the receiver the authority to seize and sell any tangible non-exempt personal property belonging to Crisp to satisfy the federal court judgment. See TEX. CIV. PRAC. & REM. CODE ANN. § 31.002 (West 2015). According to appellees, Crisp did not comply with the turnover order, and as a result, appellees filed a Joint Motion to Enforce and Compel the prior turnover order. The joint motion was subsequently granted and is the subject of this appeal.

During the pendency of this appeal, on March 16, 2018, Crisp filed a "Motion to Abate Appeal," requesting this court to abate this appeal. In his motion, Crisp states he has filed "numerous motions seeking relief in Federal Court and State Court, including a Motion for Relief from Judgment under Federal Rule of Civil Procedure 60(b)," challenging the underlying federal judgment upon which the turnover order and enforcement order are based. According to Crisp, if his motion for relief is granted, his appeal is moot. Crisp further adds his motion for relief is set for a hearing before Magistrate Judge Bemporad on May 7, 2018.

Thereafter, appellees filed a response, arguing abatement will delay final resolution of this matter. According to appellees, if we abate this appeal and Crisp's motion for relief is denied, appellees will be unable to immediately collect on their judgment out of the funds posted as security in the registry of the Bexar County District Clerk.

By letter dated May 17, 2018, Crisp provided a status update with regard to the May 7, 2018 hearing on his motion for relief. In his letter, Crisp indicates Judge Bemporad took his motion under advisement and ordered additional briefing. A copy of Judge Bemporad's order is attached to the letter.

After consideration of the foregoing, we GRANT the "Motion to Abate Appeal" filed by Crisp and ORDER this appeal abated pending resolution of any action relating to the "Motion for Relief from Judgment under Federal Rule of Civil Procedure 60(b)" filed by Crisp in Cause No. SA-17-CA-279-FB (HJB), Clay v. Mcanear and Crisp. We further ORDER the parties to notify this court with a status update regarding the motion for relief on or before June 18 , 2018 .

All other deadlines are suspended pending further order of this court.

/s/_________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of May, 2018.

/s/_________

KEITH E. HOTTLE,

Clerk of Court


Summaries of

Crisp v. Clay

Fourth Court of Appeals San Antonio, Texas
May 21, 2018
No. 04-17-00808-CV (Tex. App. May. 21, 2018)
Case details for

Crisp v. Clay

Case Details

Full title:Daniel CRISP, Appellant v. Ismael CLAY, et al. Appellees

Court:Fourth Court of Appeals San Antonio, Texas

Date published: May 21, 2018

Citations

No. 04-17-00808-CV (Tex. App. May. 21, 2018)