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CAUSE NO. 416-00247-2012 SCARBROUGH, MEDLIN & § ASSOCIATES, INC. § and § SCARBROUGH, MEDLIN & § ASSOCIATES FINANCIAL SERVICES, INC., § v. Plaintiffs, BANK OF AMERICA, N.A., CULLEN/FROST BANKERS, INC., CREDIT UNION OF TEXAS, CAPITAL ONE BANK, N.A., ING BANK, FSB d/b/a ING DIRECT USA, WILLIE NELL THOMPSON, and ANDREA STROH THOMPSON, District Clerk of Collin County, Texas, Garnishees. § § § § § § § § § § § § § § § IN THE DISTRICT COURT 416 th JUDICIAL DISTRICT COLLIN COUNTY, TEXAS ORDER ON MOTIONS On March 19, 2012, the Court heard (1) the Motion for Substitution of Property and Temporary Injunction and (2) the Motion to Dissolve or Modify Writs of Garnishment and Motion to Set Aside and/or Stay Entry of Garnishment Orders (collectively the "McCullough Motions"), filed by Defendants Robert L. McCullough and Julia T. McCullough (collectively the ffMcCulloughs"). On the same day, the Court also heard the Motion to Release Funds Held in Registry of the Court (the "Motion to Release") (alternative pleading contained on page 5 of Plaintiffs' Application for Writ of Garnishment After Judgment) filed by Plaintiffs Scarbrough, Medlin & Associates, Inc. and Scarbrough, Medlin & Associates Financial Services, Inc. After considering the McCullough Motions, the argument of counsel, and post-hearing briefing submitted by counsel, the Court finds that the McCullough Motions should be denied. The Court finds that Andrea Stroh ORDER ON MOTIONS - Page 1
Thompson, Dishict Clerk of Collin County, Texas, has in the registry of the Court $162,800.00 belonging to the McCulloughs. After considering the Motion to Release, the argument of counsel, and post-hearing briefing submitted by counsel, the Court finds that the Motion to Release should be granted. IT IS THEREFORE ORDERED that the McCullough Motions are denied. IT IS FURTHER ORDERED that the Motion to Release is granted. The District Oerk is directed to make a check in the amount of $159,910.00 payable to "Scarbrough, Medlin & Associates, Inc. and Scarbrough, Medlin & Associates Financial Services, Inc." Such amount shall be credited towards the judgment in Cause No. 416-02008-2009, Scarbrough, Medlin & Associates, Inc. and Scarbrough, Medlin & Associates Financial SenJices, Inc. v. Robert L. McCullough and Julia T. McCullough, signed by this Court on July 14, 2011. IT IS FURTHER ORDERED that Andrea Stroh Thompson, Dish'ict Oerk of Collin County, recovers $25.00 for a research fee and $2,865.00 in reasonable attomeys' fees from the sums in her possession belonging to the McCulloughs. The District Clerk is directed to make a check in the amount of $2,890.00 payable to Collin County, Texas. IT IS FURTHER ORDERED that Andrea Stroh Thompson, Dishict Clerk of Collin County, is by this order discharged of all liability to the McCulloughs to the extent of the sums above ordered. Signed on this --; day of May, ORDER ON MOTIONS - Page 2
Page 1 and 2: NO. 12-0454 IN THE SUPREME COURT OF
Page 3 and 4: SMA contested the McCullough’s cl
Page 5 and 6: III. ARGUMENT & AUTHORITIES The McC
Page 7 and 8: and, as a result, the judgment is n
Page 9 and 10: On June 6, 2012, the McCulloughs fi
Page 11 and 12: including the testimony of Robert M
Page 13 and 14: effectively supersede the judgment
Page 15 and 16: NO. 12-0454 IN THE SUPREME COURT OF
Page 17 and 18: SWORN TO AND SUBSCRIBED before me o
Page 19: Order issued Febrwu'y 7 , 2012 lJii
Page 23 and 24: 2. On August 25, 2011, Plaintiffs f
Page 25 and 26: the circumstances existing at the t
Page 27 and 28: "'all" McCulIoughs have additional
Page 29 and 30: $90,000.00 of their assets to third
Page 31 and 32: No. 05-11-01303-CV IN THE COURT OF
Page 33 and 34: amounts for future income taxes, $3
Page 35 and 36: S.W.2d 629, 635 (Tex. 1986) (citing
Page 37 and 38: (i) Anderton compels exclusion of t
Page 39 and 40: has not done so. 19 And, the McCull
Page 41 and 42: have been counted as a liability fo
Page 43 and 44: liability is “reasonably possible
Page 45 and 46: While Melton’s testimony provides
Page 47 and 48: unknown. 61 Shilling did not tell S
Page 49 and 50: Other than some additional depositi
Page 51 and 52: McCulloughs are appealing the entir
Page 53 and 54: the misappropriated funds. 80 Stewa
Page 55 and 56: Once the contest is resolved and th
Page 57 and 58: overwhelming weight of the evidence
Page 59 and 60: testimony. 97 The trial court also
Page 61 and 62: Second, the McCulloughs argue that
Page 63 and 64: judgment debtor. It is only substan
Page 65 and 66: asset to pay litigation costs, they
Page 67 and 68: personal effects and jewelry, more
Page 69 and 70: McCulloughs to post an additional $
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CAUSE NO. 416-02008-2009 SCARBROUGH
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However, Stewart and Robert McCullo
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6/10/11 -7/8/11 7/9/11-8/10/11 8/11
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IT IS THEREFORE ORDERED that Defend
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326 S.W.3d 725, *; 2010 Tex. App. L
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MR. AND MRS. ROBERT MCCULLOUGH FINA
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ACCOUNTANTS' COMPILATION REPORT Mr.
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NOTE A - BASIS OF ACCOUNTING MR.AND
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Docket Sheet for: 05-11-01303-CV of
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Docket Sheet for: 05-11-01303-CV of
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Search http://apps.collincountytx.g
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