In re Discount Rental, Inc., 05-0249
In proceedings involving the potential sale of relator's property pursuant to a writ of execution obtained on a default judgment, relator's petition for writ of mandamus challenging the sale and related orders is conditionally granted where: 1) assuming relator could waive its statutory rights for return of property, its agreement to do so was premised on the trial court's authority to force a sale of its property; and 2) thus, because the underlying default judgment was taken without proper service, it was void and any attempt to reach relator's property was devoid of authority.
- Decided 03/02/2007
- Published 03/02/2007
J. Robert Miller, Kai Peter Hecker, Miller & Brown, L.L.P., Dallas, for Relator., Greg White, Naman, Howell, Smith & Lee LLP, Robin E. Baird, Montez, Williams, & Baird, P.C., Waco, for Real Party In Interest., Michael W. Dixon, Shad Michael Robinson, Haley & Davis PC, Alfred Mackenzie, Haley & Olson, P.C., Guy Cox, Law Offices of Guy Cox, Waco, Fred M. Johnson Jr., Pakis Giotes Page & Burleson, Waco, for Other., Robert L. Meyers, McCreary Veselka Bragg & Allen, Waco, for Intervenor.