SCHULTZ v. FIFTH JUD. DIST. COURT OF APP. AT DALLAS

No. D-0547.

810 S.W.2d 738 (1991)

F. Michael SCHULTZ, Relator, v. The FIFTH JUDICIAL DISTRICT COURT OF APPEALS AT DALLAS and the Honorable Martin Richter, Judge, County Court at Law Number Two, Dallas County, Texas, Respondents.

Supreme Court of Texas.

June 12, 1991.


Attorney(s) appearing for the Case

Mr. David W. Evans, Anthony J. Interrante, Evans & Interrante, Dallas, W. Alan Wright, Haynes & Boone, Dallas, Christopher A. Griesel, Haynes & Boone, Austin, Bert Vee Massey, Massey, Shaw and West, Brownwood, for relator.

Clyde A. Wilson, Jr., Gossett, Harrison, Reese & Wilson, San Angelo, Michael L. Jones and Randall K. Lindley, Caolo, Meier & Jones, Dallas, for respondents.


OPINION

GAMMAGE, Justice.

The issue in this original mandamus proceeding is whether a court of appeals abuses its discretion when it declines to entertain a contempt motion based on a turnover order that is the subject of the appeal then pending in the court of appeals. We hold that a post-judgment turnover order is an appealable final judgment and, consequently, subject to the rule that jurisdiction to hear contempt motions for violation of the order being...

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