Professional Documents
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DALLAS COUNTY
11/29/2018 5:03 PM
FELICIA PITRE
DISTRICT CLERK
Shirley Montgomery
NO. DC-17-00183
I.
Civil Practices and Remedies Code (the “Statute”), and appointment of a Master
II.
order, are being served on the Defendant HANNOVER HOUSE, INC. by certified
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APPLICATION FOR POST JUDGMENT TURNOVER ORDER Page 1
AND APPOINTMENT OF A RECEIVER AND MASTER
and first-class mail, at 300 N. College Avenue, Suite 311, Fayetteville, Arkansas
72701 on November 28, 2018, along with a copy to their attorney of record.
III.
on October 15, 2018, in the 116th Judicial District Court of Dallas County, Texas
for the sums of: (i) $600,855.48; (ii) $102,051.56 for Plaintiff’s attorney’s fees for
representation through trial; (iii) $25,000.00 for representation through the Supreme
Court of Texas in the event of an unsuccessful appeal; and (v) pre-judgment interest
all amounts until fully and finally paid. The judgment remains unsatisfied.
IV.
Property. Applicant has good faith reasons to believe that respondent owns
upon by ordinary legal process. The property made the basis of this application is
not readily attachable by ordinary legal process. This property is not exempt under
any statute from attachment, execution, or seizure for the satisfaction of liabilities.
V.
granted in the statute and the attached order, and that the Judgment Debtor be ordered
to turn over to the Receiver all non-exempt property. Applicant believes that the
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APPLICATION FOR POST JUDGMENT TURNOVER ORDER Page 2
AND APPOINTMENT OF A RECEIVER AND MASTER
Judgment Debtor owns or has rights to non-exempt personal property and/or real
property, but applicant needs the assistance of a Receiver and master to discover,
seize, administer, and sell the assets. The statute authorizes applicant to recover its
VI.
the Court in the performance of specific duties which a sitting court cannot
undertake, like “running” writs, levying on property, traveling throughout the state
to locate and inspect assets, delivering the property to sales lots, and advertising for
and locating prospective buyers, among other tasks. A master will conserve the
resources of the Court on routine post judgment matters, including locating and
liquidating property. Since the Court cannot order a witness to travel more than 150
A master is able to immediately issue orders, rather than incurring the delays
evidence, and witnesses can easily disappear before the hearing date. Plaintiff
requests that the Receiver be appointed Master in Chancery, to have the broadest
powers allowed by the rules. This is exceptional case due to its complexity and the
intensity needed to enforce the judgment. Good cause exists to appoint a master.
attorneys’ fees, and protect the economic interests of both the debtor and creditor.
The master’s fees will be included in the Receiver’s fees, so no extra cost will be
VII.
encumbering or transferring property to anyone, but the Receiver and that Judgment
Debtor be enjoined from concealing property, including through the use of third
names. The Receiver’s bond should also serve as the bond for injunction.
VIII.
Compensation to Receiver. Receiver may pay himself fees not less than 25
percent of all proceeds coming into his possession (before deducting out of pocket
costs), which the Court finds to be a fair, reasonable, and necessary fee, and
distribute all remaining proceeds to plaintiff’s attorney in trust for the benefit of
plaintiff (not to exceed the total payoff of the judgment), without any further order.
If Receiver must pay a prior lien, Receiver shall receive his fee on the portion
recovered for the benefit of the lien holder, as the payment benefits the Plaintiff and
judgment may be awarded after application and a separate order. If the Defendants
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AND APPOINTMENT OF A RECEIVER AND MASTER
file bankruptcy, the Receiver/master’s fee shall be equal to 25 percent of the debt
owed at the time the bankruptcy is filed. The Receiver’s fees and costs are taxable
court costs.
IX.
Bond. Being a post-judgment matter, Plaintiff moves that a nominal bond for
X.
Attorneys’ Fees. Plaintiff has been required to employ counsel to file this
application and is entitled to recover reasonable and necessary attorney fees under
PRAYER
Receiver’s agent, and that the proceeds and all the cash on hand be delivered to
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APPLICATION FOR POST JUDGMENT TURNOVER ORDER Page 5
AND APPOINTMENT OF A RECEIVER AND MASTER
Plaintiff, after offset of the Receiver’s fee and costs, in reduction of the judgment
d. That Plaintiff have judgment against Defendant for all costs incurred,
transferring any property until the Receivership is closed and the judgment paid.
f. Applicant prays that the Court grant all appropriate relief, at law or in
equity.
Respectfully submitted,
SHEILS WINNUBST
A Professional Corporation
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APPLICATION FOR POST JUDGMENT TURNOVER ORDER Page 6
AND APPOINTMENT OF A RECEIVER AND MASTER
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing was
served upon counsel for Defendant, James B. Carroll, III, via electronic service on
this 29th day of November, 2018.
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AND APPOINTMENT OF A RECEIVER AND MASTER