Gonzales v. Daniel – Case Brief Summary (Texas)

In Gonzales v. Daniel, 854 S.W.2d 253, 255 (Tex. App.--Corpus Christi 1993, orig. proceeding), the relator obtained a final judgment of garnishment against a bank.

After the funds were deposited into the registry of the court, he obtained a writ of execution and levied against the funds held by the district clerk.

After the trial court quashed the execution and declared the levy void, Gonzales sought a writ of mandamus.

In conditionally granting the writ, the court of appeals held that, once his garnishment judgment became final, "Gonzales was entitled to the issuance of a writ of execution against this property and the distribution of the funds to him." Id. at 257.

Even though the funds were in the registry of the court, since the judgment was final, there was nothing to be done but distribute the funds to the proper party. Id.