TOBY SHOR AND SEASHORE INVESTMENTS MANAGEMENT TRUST BY AND THROUGH TOBY SHOR, TRUSTEE, Appellants v. PELICAN OIL & GAS MANAGEMENT, LLC, PELICAN OIL & GAS, LP, SGW INTERESTS, LLC, BNP OPERATING, LLC, AND JAMES BLACK, AS TRUSTEE OF THE PAUL PATRICK BLACK HERITAGE TRUST, Appellees, 405 S.W.3d 737

Summary

The judgment creditor said the trial court lacked jurisdiction, under Tex. Civ. Prac. & Rem. Code § 65.023(b) (2008), requiring efforts to enjoin enforcement of a court's judgment to be heard in that court. The appellate court disagreed because (1) appellees were not parties to the judgment or owned by a judgment debtor, (2) appellees did not attack the judgment or raise defenses to it, but merely sought declarations that they were not liable for a judgment debtor's debts and that a judgment debtor did not own them, (3) the trial court's injunction did not bar the judgment creditor from executing on a judgment debtor's assets, (4) there was evidence that a spendthrift trust of which a judgment debtor was a beneficiary owned appellees, and (5) nothing showed the debtor transferred assets to the trust to defraud the creditor. It was not an abuse of discretion to grant an injunction because (1) evidence that a judgment debtor had no ownership interest in appellees supported appellees' ...