Gerdes v. Kennamer

Appellants Roger Gerdes ("Gerdes") and Carolyn Gerdes (collectively, the "Gerdeses") appeal the terms of a turnover order issued pursuant to section 31.002 of the civil practice and remedies code as well as the trial courts finding of Gerdes noncompliance with two earlier turnover orders. In seven issues, the Gerdeses challenge the trial courts exercise of discretion: (1) in ordering the Gerdeses to sign and turn over "nonexistent documents"; (2) in determining that the judgment creditors, appellees John Kennamer ("Kennamer") and Mora Kennamer (collectively, the "Kennamers"), established that the property could not be attached readily or levied on by ordinary legal process; (3) in ordering the Gerdeses to execute documents that violate the articles of incorporation of a Mexican entity owned by the Gerdeses; (4) in ordering the Gerdeses to execute and turn over documents that appoint Kennamer as their agent; (5) in ordering Carolyn Gerdes, a non-debtor third party, to execute and turn over documents; (6) in adjudicating the Gerdeses substantive property rights during the turnover proceeding; and (7) in finding that Gerdes failed to comply with the first two turnover orders. We affirm.