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CONCURRING OPINION
No. 04-07-00328-CV
Edward FISCHER, Jr.,
Appellant
v.
Billy WELLS,
Appellee
From the County Court at Law No. 2, Bexar County, Texas
Trial Court No. 293108
Honorable David Rodriguez, Judge Presiding
Opinion by: Phylis J. Speedlin, Justice
Concurring opinion by: Alma L. López, Chief Justice
Sitting: Alma L. López, Chief Justice
Phylis J. Speedlin, Justice
Steven C. Hilbig, Justice
Delivered and Filed: July 2, 2008
I wholly concur in the majority’s opinion affirming the trial court’s orders. Although the
sanctions issue gives me great pause, I am constrained to concur in the denial of appellate sanctions
in view of the applicable standard.
In an effort to avoid paying a judgment entered against him on December 2, 2005, Fischer
has undertaken a series of actions in an attempt to abuse the judicial system. Initially, Fischer
refused to respond to discovery requiring Wells to file a motion seeking sanctions. Because Fischer
Concurring Opinion 04-07-00328-CV
failed to comply with the trial court’s sanctions order, Wells filed a motion for an injunction to
preclude Fischer from dissipating or transferring assets. Despite the trial court’s order granting the
injunction, Fischer posted a vacant lot for sale requiring Wells to file a motion seeking a turnover
order. Despite being served with a subpoena, Fischer failed to appear at the hearing on the motion
for turnover order. Finally, Fischer appeals the trial court’s order even though he was a party to an
agreed motion seeking to disburse funds and close the receivership. If we considered the entire
history of Fischer’s efforts to avoid paying the 2005 judgment, I believe sanctions would be
warranted by Fischer’s egregious behavior. Constrained by the standard which requires us to
consider whether the appeal is objectively frivolous, looking at the record from the viewpoint of the
advocate, I reluctantly concur in the denial of the sanctions.
Alma L. López, Chief Justice
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