More Detail, Please
August 31, 2026
In Abel v. Texas Capital Bancshares, Inc., the Fifth Court affirmed a trial court order rejecting a judgment debtor’s attempt to supersede a $7 million-plus judgment with a $44,892 cash deposit, holding her net worth affidavit failed to establish prima facie proof of net worth under Rule 24.2 of the Texas Rules of Appellate Procedure.
The Court found Abel’s affidavit came up short on the necessary detail, noting:
The affidavit attached no supporting documents, and although it identified as assets “cash and cash equivalents,” “accrued receivables,” a “Ford Truck,” a “Homestead,” a “Horse tail, art, etc.” and a “Trailer,” it did not specify what the “cash equivalents” and “accrued receivables” were nor include the year, make and model of the truck or trailer; the quantity and description of the art; or details about the house, such as its size and location. Further, it did not explain what fell within “accrued liabilities.” Without details or supporting documentation, the values appellant assigned to her assets and liabilities could not be verified, and net worth could not be ascertained.
The opinion contains the full relevant text of the affidavit, as well as the text of another proposed alternative filed during the course of the appeal. No. 05-25-00932-CV (Tex. App.—Dallas Aug. 26, 2026).