SCHMERBECK v. RIVER OAKS BANK

No. 9677.

786 S.W.2d 521 (1990)

Victor SCHMERBECK, Appellant, v. RIVER OAKS BANK, Appellee.

Court of Appeals of Texas, Texarkana.

March 13, 1990.


Attorney(s) appearing for the Case

Robert A. Schlanger, Houston, for appellant.

Thomas E. Ross, Saccomanno & Clegg, Houston, for appellee.


CORNELIUS, Chief Justice.

River Oaks Bank sued Victor Schmerbeck to recover on a promissory note. Schmerbeck failed to answer the suit within the required time, and a default judgment was rendered against him for a total of $39,713.87 principal and interest, together with $11,961.62 attorney's fees. On June 24, 1988, the court issued a "turnover order" pursuant to Tex.Civ.Prac. & Rem. Code Ann. § 31.002 (Vernon 1986 & Supp. 1990), which ordered Schmerbeck...

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