ACCEPTED
13-15-00556-cv
FILED THIRTEENTH COURT OF APPEALS
CORPUS CHRISTI, TEXAS
IN THE 13TH COURT OF APPEALS 12/11/2015 4:18:22 PM
CORPUS CHRISTI Dorian E. Ramirez
CLERK
12/11/15
DORIAN E. RAMIREZ, CLERK CAUSE NO. 13-15-00556-CV
BY DTELLO
IN THE THIRTEENTH COURT OF TEXAS
RECEIVED IN
13th COURT OF APPEALS
CORPUS CHRISTI/EDINBURG, TEXAS
APPEAL OF THE INTERLOCUTORY ORDER IN CAUSE
12/11/2015 NO. F-2308-14-1
4:18:22 PM
DORIAN E. RAMIREZ
FROM THE COUNTY COURT AT LAW NUMBERClerk ONE (1)
HIDALGO COUNTY, TEXAS
PRESIDING HONORABLE RODOLFO GONZALEZ
JUAN MANUEL ORTIZ
Appellant
VS.
SARAY ORTIZ
Appellee
APPELLANT'S RESPONSE TO DEFECT NOTICE
Respectfully Submitted,
Sergio Muñoz, Jr.
1110 S. Closner Blvd.
Edinburg, Texas 78539
Tel: 956-381-5555
Fax: 956-381-5563
Email: munozlawefile@gmail.com
State Bar No. 24058009
Appellant's Attorney
APPELLANT'S RESPONSE TO DEFECT NOTICE
NOW COMES, JUAN MANUEL ORTIZ, Appellant and files this, his
response to the defect notice dated November 25, 2015.
I. REPLY
On November 25, 2015, Appellant received a defect notice from this court
pursuant to T.R.A.P. 37.1 stating that it appears the order which he is attempting to
appeal is not appealable. Appellant filed his amended notice of interlocutory
appeal on November 30, 2015. Appellant believes this is an appealable order
pursuant to Civil Practice and Remedies Code 51.014 which states in relevant
parts:
(a) A person may appeal from an interlocutory order of a district
court, county court at law, statutory probate court, or county court that:
(1) appoints a receiver or trustee;
Accordingly, Appellant wishes to appeal the interim order signed on
November 23, 2015, appointing a receiver over any and all assets and businesses
owned by the parties, specifically, Zitro Electric L.L.C, Zitro Investments L.L.C.,
JCon Construction L.L.C., and Jcon Investments L.L.C.
II. STANDARD FOR APPOINTMENT OF RECEIVER
To prevail on a Motion for Appointment of Receiver, a party must
demonstrate to the Court that their assets are in danger of being lost, removed, or
materially injured.
Petitioner sought the appointment of a receiver under the following
provisions of Section 6.502 of the Texas Family Code, which provides, in relevant
part, as follows:
(a) While a suit for dissolution of a marriage is pending and on the
motion of a party or on the court's own motion after notice and hearing, the court
may render an appropriate order, including the granting of a temporary injunction
for the preservation of the property and protection of the parties as deemed
necessary and equitable and including an order directed to one or both parties:
(5) appointing a receiver for the preservation and protection of the
property of the parties.
Appellant believes no evidence was presented to the trial court even tending
to indicate that a clear necessity existed for the appointment of a receiver, or that
no other adequate remedy was available, or that Appellee's assets were in actual
danger of being lost, removed or materially injured. Appellee having presented no
such evidence, Appellant believes the Motion for Appointment of Receiver should
have been denied and wishes to proceed with an interlocutory appeal for this
Court's review.
III. CONCLUSION
Pursuant to Civil Practice and Remedies Code 51.014, Appellant believes
the appointment of a receiver in an interim order is appealable through an
interlocutory appeal. Appellant respectfully requests this Court allow him to
proceed with an interlocutory appeal and that this appeal not be dismissed for want
of prosecution pursuant to T.R.A.P. 42.3.
Certificate of Service
I certify that on December 11, 2015 a true and correct copy of Appelant's
response to Defect Notice was served to each person listed below by the method
indicated.
Rick Salinas
Salinas and Flores Law Office
2011 N. Conway Ave. McAllen, Texas 78572
P: 956.584.3900
Email: rsalinaslaw@yahoo.com
Attorney for Petitioner
Marla A. Cuellar
Law Offices of Marla Cuellar
612 W. Nolana Ave, McAllen, Texas 78504
P: 956.687.4529
Email: mcuellarlaw@live.com
Attorney for Petitioner
Rick Zuniga
Atlas Hall & Rodriguez, L.L.P.
818 Pecan Ave. McAllen, Texas 78501
P: 956.682.5501
Email: rzuniga@atlashall.com
Attorney for Intervenor Plains Capital Bank
Michael De Luna
Law Office of Marco A. De Luna
5804 N. 23rd Street
McAllen, Texas 78504
P: 956.992.8870
Email: marcodelunalaw@gmail.com
Co-Counsel for Respondent
/s/ Sergio Muñoz, Jr.
SERGIO MUÑOZ, JR.
Attorney for Appelant
Juan Manuel Ortiz v. Saray Ortiz
Combined Opinion