In re Gabbai

18 Citing cases

  1. New Penn Fin. LLC v. Salvagio (In re MTGLQ Inv'rs)

    NO. 09-19-00157-CV (Tex. App. Apr. 8, 2021)

    Courts possess the inherent power to enforce their own orders through contempt proceedings. In re Gabbai, 968 S.W.2d 929, 931 (Tex. 1998). While on appeal, the appellate court has exclusive jurisdiction to enforce the orders at issue in the appeal, regardless of whether contempt occurred before or after the appellate court acquired jurisdiction.

  2. Smith v. City of Blanco

    NO. 03-11-00091-CV (Tex. App. Feb. 1, 2013)   Cited 2 times
    Remanding sanctions issue in light of appellate court's determination that res judicata did not apply to bar claims when sanctions award was largely based on trial court's erroneous ruling

    Generally speaking, with a few exceptions not applicable here, courts "lack the authority to enforce another court's order by contempt." In re Gabbai, 968 S.W.2d 929, 931 (Tex. 1998) (stating that transferee courts generally lack "authority to punish by contempt acts which were committed before the transfer"); see Hereweareagain, Inc. v. City of Houston, 383 S.W.3d 703, 709 (Tex. App.—Houston [14th Dist.] Sept. 25, 2012, no pet.) (explaining that trial court has "inherent power" to enforce its own judgment through contempt proceeding); Galtex Prop. Investors, Inc. v. City of Galveston, 113 S.W.3d 922, 927 (Tex. App.—Houston [14th Dist.] 2003, no pet.) (same). But see Ex parte Barnett, 600 S.W.2d 252, 255-56 (Tex. 1980) (orig.

  3. Cadle Co. v. Lobingier

    50 S.W.3d 662 (Tex. App. 2001)   Cited 140 times
    Holding that civil contempt is not governed by Section 21.002 of the Government Code, citing Ex parte Shaklee, 939 S.W.2d 144, 145 n. 2 (Tex.1997) (orig. proceeding)

    Our July 1996 contempt judgment was rendered after we affirmed the first of the 1995 turnover orders and while the second was on appeal. See In re Gabbai, 968 S.W.2d 929, 931 (Tex. 1998) (orig. proceeding) (holding that appellate court has exclusive jurisdiction to enforce orders being appealed, regardless of whether contempt occurred before or after appellate court acquired jurisdiction). Our 1996 contempt judgment did not make the coercive fine payable to Lobingier, and the Cadles assert the trial court erred by rendering judgment that the fine was payable to Lobingier rather than the sovereign.

  4. RKCJ LLC v. Farmers & Merchants Bank

    3:21-cv-2597-BN (N.D. Tex. Apr. 7, 2022)   Cited 2 times

    And, although orders entered by a state court prior to removal become orders of this Court once a case is removed, see 28 U.S.C. § 1450, the TRO that Plaintiff seeks to enforce by contempt or sanctions was not entered in this action, and Plaintiff “has not provided any legal basis for this court to hold [Defendant] in contempt of another court's injunction, ” Carrillo v. Bank of Am., N.A., No. CIV.A. H-12-3096, 2013 WL 1558320, at *1 n.1 (S.D. Tex. Apr. 11, 2013); cf. In re Gabbai, 968 S.W.2d 929, 931 (Tex. 1998) (“While courts possess inherent power to enforce their own orders through contempt proceedings, they generally lack the authority to enforce another court's orders by contempt.

  5. In re Sheshtawy

    154 S.W.3d 114 (Tex. 2004)   Cited 104 times
    Holding that the trial or the appellate court may entertain a contempt motion if a final judgment has not been superseded

    Id. 968 S.W.2d 929, 931 (Tex. 1998) (citing Ex parte Werblud, 536 S.W.2d 542, 544 (Tex. 1976), and Ex parte Travis, 123 Tex. 480, 73 S.W.2d 487, 488-89 (1934)).Id.

  6. Morgan v. Hanna

    No. 01-23-00295-CV (Tex. App. Dec. 28, 2023)

    We also explained "[t]here can be no doubt that parties are required to comply with this Court's orders" and that "this Court has exclusive jurisdiction to enforce its orders-which it must do. See In re Gabbai, 968 S.W.2d 929, 931 (Tex. 1998); see also Tex. R. App. P. 42.3(c)."

  7. Morgan v. Hanna

    No. 01-23-00295-CV (Tex. App. Dec. 5, 2023)

    Moreover, this Court has exclusive jurisdiction to enforce its orders-which it must do. See In re Gabbai, 968 S.W.2d 929, 931 (Tex. 1998); see also Tex. R. App. P. 42.3(c).

  8. Morgan v. Hanna

    No. 01-23-00295-CV (Tex. App. Nov. 21, 2023)

    Moreover, this Court has exclusive jurisdiction to enforce its orders-which it must do. See In re Gabbai, 968 S.W.2d 929, 931 (Tex. 1998); see also Tex. R. App. P. 42.3(c).

  9. Moayedi v. Arabghani

    No. 01-22-00010-CV (Tex. App. Oct. 24, 2023)   Cited 1 times

    Courts possess the inherent power to enforce their own orders through contempt proceedings. See In re Gabbai, 968 S.W.2d 929, 931 (Tex. 1998). This includes the power to hold a party in contempt for violating a temporary injunction issued by the court.

  10. In re D.L.

    641 S.W.3d 873 (Tex. App. 2022)   Cited 2 times

    If the trial court finds more than one act of contempt but assesses only one punishment, and if one act is not punishable by contempt, then the entire judgment is void. In re Hall , 433 S.W.3d 203, 207 (Tex. App.—Houston [14th Dist.] 2014, orig. proceeding) (citing In re Henry , 154 S.W.3d 594, 598 (Tex. 2005) (orig. proceeding), and In re Gabbai , 968 S.W.2d 929, 931 (Tex. 1998) (orig. proceeding) ). In contrast, if the trial court assesses a separate punishment for each act of contempt, only the invalid portions are void.