Beaumont Bank V. Patricia H. Buller (04/03/91‪)‬

This case arises from the trial court's application of the Texas "turnover" statute, the procedural device by which judgment creditors may reach assets of a debtor that are otherwise difficult to attach or levy on by ordinary legal process.*fn1 The trial judge found that the respondent, Patricia H. Buller, both individually and as estate representative, possessed cash that was owned by the estate of her deceased husband. The trial court ordered Mrs. Buller to turn over the cash to the sheriff as partial satisfaction of the bank's judgment against the decedent's estate. The court of appeals reversed, holding there was "no evidence of the existence of the asset which is the subject of the turnover." 777 S.W.2d 763, 765. The issue presented to this court is whether the court of appeals properly reversed the trial court on "no evidence" grounds. For the reasons set forth below, the judgment of the court of appeals is reversed.