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Dade v. Dade – Case Brief Summary (Texas)

In Dade v. Dade, No. 01-05-00912-CV, 2007 WL 1153053 (Tex. App-Houston [1st Dist.] Apr. 19, 2007, no pet.), the appellant filed an appeal contending that the trial court erred by entering a "turnover order" in a case involving the post-divorce dispersal of funds according to a divorce decree and qualified domestic relations order.

The Court noted held that the "turnover order" was not rendered pursuant to the turnover statute, 2 but was a judgment rendered pursuant to § 9.010.

In so holding, the Court pointed out that the trial court's order recited that it was, in fact, a money judgment bearing interest. Id.

Because the money judgment was entered pursuant to § 9.010, and was not a turnover order, it did not impose any obligation where none existed as argued by the appellant. Id.