Summary
Appellees Wells Fargo Home Mortgage, Inc. and Federal Home Loan Mortgage Corporation filed a motion for rehearing in the First Court of Appeals of Texas. They argue that the trial court’s adequate-protection order requiring payments into the court registry was not an injunction subject to Texas Rules of Civil Procedure 683 and 684, and request that the appellate court affirm the order.
Questions Presented
- Whether the trial court's adequate-protection order was an injunction subject to the formal requirements of Texas Rules of Civil Procedure 683 and 684.
- Whether the trial court had equitable authority to require disputed mortgage or occupancy payments to be deposited into the court registry during litigation over the foreclosure sale.
Disposition
other
Cases Cited (15)
- Qwest Communication Corp. v. AT&T, 24 S.W.3d 334 (Tex. 2000)(discussed)
- Del Valle I.S.D. v. Lopez, 845 S.W.2d 808, 809 (Tex. 1992)(followed)
- J.C. Matlock v. Data Processing Sec., Inc., 618 S.W.2d 327, 328 (Tex. 1981)(discussed)
- Kaplan v. Floeter, 657 S.W.2d 1, 3 (Tex. App.—Houston [1st Dist.] 1983, no pet.)(applied)
- Northshore Bank v. Commercial Credit Corp., 668 S.W.2d 787, 790 (Tex. App.—Houston [14th Dist.], writ ref'd n.r.e.)(applied)
- Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002)(applied)
- Ex Parte Preston, 347 S.W.2d 938 (Tex. 1961)(applied)
- Castilleja v. Camero, 414 S.W.2d 431, 433 (Tex. 1967)(applied)
- North Cypress Medical Center Operating Co., Ltd. v. St. Laurent, 296 S.W.3d 171, 178-79 (Tex. App.—Houston [14th Dist.] 2009, no pet.)(applied)
- Alliance Royalties, LLC v. Boothe, 313 S.W.3d 493, 497 (Tex. App.—Dallas 2010, no pet.)(applied)
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