“Texas law provides district court judges with ‘the power to
issue writs necessary to enforce their jurisdiction.’ While the Taxing Entities urge the Post Judgment Order falls within this power to ‘enforce’ the judgment, they fail to explain how an order withdrawing part of the relief afforded by the judgment would amount to ‘enforcement’ or be available to a party after expiration of the trial court’s plenary power other than by appeal.” NMF Partnership v. City of Dallas NMF Partnership v. City of Dallas, No. 05-19-01578-CV (March 17, 2021) (mem. op.) (citations omitted).

The plaintiffs in In re Outreach Housing sought to enforce a (revived) 2006 default judgment that was not final under the applicable standards. The Fifth Court granted mandamus relief as to the trial court’s denial of the defendants’ motion to stay. It found an abuse of discretion in that decision, with irreparable consequences arising from the denial of a meaningful appeal from the 2006 judgment, and some parties’ lack of a meaningful trial. The Court acknowledged a technical point about a potential interlocutory appeal from the denial of the motion, but found that matter too speculative to deny mandamus relief in these circumstances. No. 05-20-00431-CV (July 30, 2020).

The trial court required that a judgment debtor turn over certain “malpractice, Deceptive Trade Practices Act (DTPA), and Insurance Code claims to a receiver who is authorized to settle the claims and to pay the settlement proceeds to the judgment creditor in satisfaction of the underlying judgment.” The Fifth Court “conclude[d] that the turnover of each of the foregoing claims, with the exception of one c’laim asserted under the Insurance Code, is void because it is against public policy.” Goin v. Crump, No. 05-18-00307-CV (Jan. 8, 2020) (mem. op.)