Withdrawal of Interpleaded Funds
In Northshore Bank v. Commercial Credit Corp., 668 S.W.2d 787 (Tex. App.-Houston [14th Dist.] 1984, writ ref'd n.r.e.), a panel of this court addressed the withdrawal of interpleaded funds.
In Northshore, funds were withdrawn from the registry of the court and the judgment dividing the interpleaded funds was not superseded pending appeal. Id. at 790.
This court observed that funds deposited in the trial court's registry are subject to the trial court's control and the court has the equitable power to make such orders as it deems necessary to protect those funds. Id.
This court further found that, upon reversal of the judgment, the trial court could have ordered the withdrawn funds returned to the registry of the court, but if this were not done, the court had the authority to enter judgment that appellee recover the funds, still under the control of the court, from the party who was at the time wrongfully withholding them. Id.