NUMBER 13-11-00062-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN THE ESTATE OF RALPH LEE MINTON, DECEASED
On appeal from the Probate Court
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Memorandum Opinion by Chief Justice Valdez
Appellant, Artemio Garza (“Garza”), complains about a temporary restraining
order in favor of appellees, Randall Lee Minton, Glenda Marcelle Todd, Beverly Regina
Alford, and Wanda Lynn Smith, the children of the deceased, Ralph Lee Minton
(collectively referred to as the “children”). By two issues, Garza contends that the trial
court erred in granting the children’s motion for a temporary injunction because the
children failed to show a probable right to recovery and that the children had a probable,
imminent, and irreparable Injury. We affirm.
I. BACKGROUND
On December 2, 2010, Minton died intestate survived by his four children.
Before his death, Minton had designated Garza as the beneficiary of his payable on
death (“POD”) accounts at First National Bank. The children discovered that Garza was
the beneficiary of these accounts and that he would receive approximately $400,000.
On December 17, 2010, the children filed a petition requesting injunctive relief seeking
to prevent Garza from using the $300,000 he had already received from Minton’s
accounts. On December 21, 2010, the trial court held a hearing on the children’s
petition for injunctive relief. At the hearing, the trial court heard testimony from Alford,
Garza, Randall, and others.
Alford testified that she visited Minton in 2008 and stayed for approximately ten
days. Alford claimed that during her visit, Minton exhibited bizarre behavior because
Minton propositioned her to have sexual relations with him. According to Alford, Minton
was still able to walk with assistance during Alford’s 2008 visit.
Alford testified that Minton’s health deteriorated in 2010, and he was hospitalized
five times. Alford stated that she received numerous calls from the hospital about
Minton’s bizarre behavior. Alford testified that, she communicated with the hospital staff
concerning how to provide care for Minton because he refused to talk to the staff
himself. Alford stated that John Tisdale, Minton’s friend for over thirty years, assisted
with caring for Minton until his death. Alford testified that Tisdale checked Minton into
several nursing homes throughout 2010; however, each time, Minton called an
ambulance to come and take him home. Alford claimed that Minton’s bizarre behavior
continued until the nursing homes no longer accepted Minton into their facilities.
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Tisdale then arranged for twenty-four hour in-home care; however, according to Alford,
Minton would “run off people.”
Alford stated that she visited Minton again in 2010. At this time, Alford perceived
her father as being irrational and unable to take care of himself. Alford claimed that
during this time, Minton required an adult diaper but would not allow caregivers to
change him, and he would just sit in his feces.
Alford handled Minton’s finances during her visits. According to Alford, Minton
used his money to manipulate people. Minton promised to make them the beneficiaries
of his POD accounts if they would do as he wished.
Randall stated that Tisdale handled the majority of Minton’s finances because
Minton frequently forgot about his bills. Minton signed the checks after Tisdale filled in
the appropriate information. According to Randall, Minton eventually, refused to pay his
bills altogether and refused to pay his caregiver, Promesa Home Health. When the
past-due bill reached $14,000, Promesa threatened to no longer provide the services to
Minton. According to Randall, the family used “trickery” to get Minton to pay the bill.
Randall testified that he went to First National Bank to inquire about Minton’s accounts.
Randall spoke to Brad Williams, an employee of First National Bank, who told Randall
that Minton had changed the beneficiaries on the POD accounts on numerous
occasions. Randall testified that Williams did not give Randall details about the
accounts but did inform Randall that he told Minton the last time he changed the
beneficiary on the accounts that he could not make any more changes to the
beneficiary. Williams related to Randall his fear that when Minton died numerous
people would claim to be the beneficiary of Minton’s accounts.
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Garza testified that upon Minton’s death, he spoke to the funeral director to
acquire a copy of Minton’s death certificate. The funeral director informed him that he
“needed to go to the health department in Austin or wait . . . to get death certificate from
the city.” Garza stated that the next morning, he drove to Austin and obtained a copy of
Minton’s death certificate. Garza then went to the Austin branch of First National Bank
and obtained a cashier’s check for $300,000 as the beneficiary of Minton’s POD
accounts.
During the hearing for the temporary injunction, Garza admitted owing $700,000
with several other parties, to First National Bank. Garza testified that he is retired and
that his main income from the Texas Department of Public Safety is exempt from
execution. Garza stated that he did not know his finances because his wife handled the
finances.
According to Garza, First National Bank visited Minton on two occasions when
Garza was present. On the first visit, Minton removed Tisdale as the beneficiary of the
POD account. Garza stated that Minton removed Tisdale because he believed Tisdale
had stolen his car. Minton did not designate a new beneficiary.
Later in the year, Garza dialed the bank and then handed the phone to Minton.
Garza testified that Minton wanted to ensure that Garza was the executor of the
accounts. Minton was informed that Garza was not the beneficiary and that he needed
to make the change by signing new papers. Minton then requested that the bank send
someone over to make the necessary corrections. Garza was present when the
representatives from the bank arrived at Minton’s home.
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Garza testified that he was informed that on one occasion Minton slapped a
caregiver in the face and broke his glasses. Garza also stated that Adult Protective
Services was contacted on several occasions because Minton,
would not be satisfied with the service that the care provider was
providing, you know, he’d get upset with them for some reason or
another and would run them out of the apartment, you know, say I
don’t want your services here. Of course, you know the people
couldn’t basically leave without, you know, having some
responsibility of calling someone to make sure that he’s protected.
According to Garza, Minton claimed that he played for the Greenbay Packers, which
was not true.
After hearing the evidence, the trial court granted the temporary injunction,
enjoining Garza from spending or dissipating the funds he received. This appeal
followed.
II. STANDARD OF REVIEW
We review a trial court’s issuance of a temporary injunction for an abuse of
discretion. State v. Sw. Bell Tel. Co., 526 S.W.2d 526, 528 (Tex. 1975); Yarto v.
Gilliland, 287 S.W.3d 83, 88 (Tex. App.—Corpus Christi 2009, no pet) (citing Butnara v.
Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002); El Paso Dev. Co. v. Berryman, 729
S.W.2d 883, 889 (Tex. App.—Corpus Christi 1987, no writ)). We review the evidence in
the light most favorable to the ruling, and we must indulge all reasonable inferences in
the ruling’s favor. El Paso Dev. Co., 729 S.W.2d at 886. We will not substitute our
judgment for the trial court’s judgment unless the trial court’s action was so arbitrary that
it surpassed the “bounds of reasonable discretion.” Yarto, 287 S.W.3d at 88.
III. APPLICABLE LAW
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“A temporary injunction’s purpose is to preserve the status quo of the litigation’s
subject matter pending a trial on the merits.” Butnara, 84 S.W.3d at 204. A trial court
may grant an order of a temporary injunction if the court finds that: (1) the applicant has
a cause of action; (2) with a probable right to the relief sought; and (3) may suffer a
probable, imminent, and irreparable injury in the interim. Yarto 287 S.W.3d at 88.
However, there is no requirement that the applicant will prevail in the final outcome of
the litigation. Sw. Bell Tel. Co., 526 S.W.2d at 528.
IV. ANALYSIS
By his first issue, Garza contends that the trial court erred in granting the
children’s motion for a temporary injunction because the children failed to show a
probable right of recovery. Garza’s second issue is that the children failed to show a
probable, imminent, and irreparable injury or that they lacked an adequate remedy at
law. However, Garza does not challenge the first element for granting a temporary
injunction, that the children failed to show a cause of action.
A. Probable Right of Recovery
At the outset, we note that an appellant must attack all independent grounds that
support a complained-of ruling.x Nobility Homes of Tex., Inc, v. Shivers, 557 S.W.2d
77, 83 (Tex. 1977). If the appellant does not appeal on all grounds, the reviewing court
must “affirm the district court’s judgment on these unchallenged, separate, and
independent grounds. Tex. Dept. of Transp. v. City of Sunset Valley, 92 S.W.3d 540,
546 (Tex App.—Austin 2002) rev’d on other grounds 146 S.W.3d 637 (Tex. 2004); see
also Nichols v. Byrne, No. 13-97-456-CV, 1999 Tex. App. LEXIS 609, at *4 (Tex. App.—
Corpus Christi Jan. 28, 1999, no pet.) (mem. op.).
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Here, Garza only challenged two of the grounds on which the children sought an
injunction—conversion and undue influence. The children also requested injunctive
relief on the basis that Minton lacked mental capacity when he executed the POD
accounts and the trial court could have granted the temporary injunction on this basis.
Because Garza did not challenge this ground on appeal, we must accept the trial court’s
judgment on the unchallenged independent ground. See Texas Dept. of Transp., 92
S.W.3d at 546. We overrule Garza’s first issue.
B. Probable, Imminent , and Irreparable Injury/ Adequate Remedy at Law
With regard to Garza’s challenge to the final element, an existing remedy is
adequate if it is as complete and as practical and efficient to the ends of justice and its
prompt administration as is equitable relief. Ballenger v. Ballenger, 694 S.W.2d 72, 76
(Tex. App.—Corpus Christi 1985, no writ). A legal remedy is not adequate unless it
provides the injured party relief that is clear, full, practical and efficient. TCA Bldg. Co.,
Inc. v. NW. Res. Co., 890 S.W.2d 175, 179 (Tex. App.—Waco 1994, no writ). An
applicant for a temporary injunction does not have an adequate remedy at law if the
non-movant party is insolvent. Surko Enters. v. Borg-Warner Acceptance Corp., 782
S.W.2d 223, 225 (Tex. App.—Houston [1st Dist.] 1989, no writ). The trial court has
discretion to determine the credibility of testimony concerning insolvency. Blackthorne
v. Bellush, 61 S.W.3d 439, 445 (Tex. App.—San Antonio 2001, no pet.).
After Minton’s death, Garza went to great lengths to obtain the money in the POD
accounts: he drove to Austin to get the death certificate, instead of waiting for the
certificate to be available from the city and then immediately went to the Austin branch
of the bank to collect the money. According to Garza’s testimony, he did not know if he
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would be able to satisfy a judgment in favor of the children. Garza receives a pension
check from the Department of Public Safety that is exempt from execution. See TEX.
PROP. CODE ANN. § 42.0021 (West 2010). Furthermore, the only thing Garza testified to
regarding his finances was that he received a loan for $700,000 from the bank along
with several other people; however he was not certain of the number of people who
were also involved in securing the loan. Garza’s behavior showed a risk to the
accounts; the trial court had discretion to conclude that funds would be dissipated. The
trial court had discretion to find, based on Garza’s testimony at trial and other evidence
presented, that the possibility of recovery upon final judgment, without holding the funds
at the court, was not a practical, available and effectual remedy at law. See Surko
Enters., 782 S.W.2d at 225. Accordingly, the trial court did not err in granting the
children’s petition for a temporary injunction. We overrule Garza’s second issues.
V. CONCLUSION
We affirm the judgment of the trial court.
________________________
ROGELIO VALDEZ
Chief Justice
Delivered and filed the
23rd day of June, 2011.
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