Thomas J. Daley
Thomas J. DaleyKoonsFuller, P.C. - Texas Family Law Powerhouse
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FAQ/Question

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

This question has been addressed in 1 Texas court opinion:

Cove Funding, LP and its Subsidiary HPS Admin, LLC v. Marcy Barba and Jorge Barba

COA03 — February 3, 2026

In a post-judgment enforcement proceeding, a third-party lender intervened in a receivership, asserting a priority security interest and requesting the turnover of assets. The trial court denied the turnover motion but did not issue specific findings regarding the validity of the lender's lien. On appeal, the Third Court of Appeals analyzed whether the order met the 'discrete issue' finality standard for receiverships or qualified as a mandatory injunction. The court held that because the order was a simple denial that did not conclusively adjudicate the underlying ownership rights or substantial interests of the third party, it was an interlocutory order over which the appellate court lacked jurisdiction.

Litigation Takeaway

“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.”

Thomas J. Daley

Texas Family Law Litigation

Sophisticated litigation strategies for Texas families. Experience, integrity, and results when it matters most.

Targeted Resources

  • Divorcing a Narcissist
  • Dividing Retirement Assets
  • Fathers' Involvement
  • High-Asset Divorce

Contact Info

  • 1-972-769-2727
  • tdaley@txfamlaw.com
  • 5700 W. Plano Parkway Ste 2200, Plano, TX 75093
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