Court Orders FAQ | Texas Family Law Powerhouse

Question 1

Can a Texas court vacate or overturn its own order or judgment?

Accepted Answer

This question has been addressed in 4 Texas court opinion(s), including In re Persian Marshall. An oral ruling from a judge is fragile; until a final written decree is signed, a successor judge has the power to vacate that ruling and force a total retrial. To protect your victory, you must move immediately to get a signed judgment or secure a Rule 11 agreement that binds the parties regardless of which judge is on the bench.

Question 2

What happens when a court denies a motion for disbursement or turnover?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Cove Funding, LP and its Subsidiary HPS Admin, LLC v. Marcy Barba and Jorge Barba. To prevent third-party claimants from disrupting a receivership through interlocutory appeals, practitioners should seek a simple denial of turnover requests rather than a formal adjudication of the claim's merits. Conversely, third parties seeking to appeal a denial must ensure the order contains specific findings that finally adjudicate their substantial rights or act as a mandatory injunction.