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CROSS, KIESCHNICK & CO. v. JOHNSTON

No. 04-93-00332-CV.

892 S.W.2d 435 (1994)

CROSS, KIESCHNICK & COMPANY, a Texas Partnership; Lawrence E. Kieschnick; William R. Cross; James R. Harris; Andrew W. Greenwell and Harris & Thomas, Appellants, v. Leslie JOHNSTON and Wanda Johnston, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Denied December 16, 1994.

Attorney(s) appearing for the Case

James R. Harris, Andrew M. Greenwell, Harris & Thomas, Corpus Christi, for appellants.

David W. Rogers, Law Offices of Dave Rogers, Inc., San Antonio, Samuel R. Byrd, San Antonio, for appellees.

Before CHAPA, C.J., and PEEPLES and LOPEZ, JJ.

LOPEZ, Justice.

The central issue raised by this appeal is whether the turnover statute can be used by a judgment creditor to cure a misnomer after a trial judgment has become final. We hold that this is an improper use of the turnover statute. We render as void the turnover order and its supplemental order.

FACTS

Leslie and Wanda Johnston (appellees) litigated their DTPA cause of action against Cross, Kieschnick & Company (Cross & Company...

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