Court of Appeals of Texas, Fifth District, Dallas
Appeal from the 116th Judicial District Court Dallas County,
Texas Trial Court Cause No. DC-94-03613
Justices Evans, Stoddart, and Boatright
E. BOATRIGHT JUSTICE.
trial court granted appellee Yorkshire West Capital,
Inc.'s application for writ of scire facias and signed an
order reviving a 1994 judgment against appellants Gary Webb
and Webb Development Company. In two issues, appellants
contend the trial court erred because (1) the time for
reviving the judgment had expired; and (2) a previous writ of
execution was defective. We conclude that appellee's
application was timely and the previous writ of execution was
issued in accordance with statute. Accordingly, we affirm the
trial court's order.
1994, Yorkshire West Capital, Inc. ("Yorkshire")
filed suit against Webb Development Company ("WDC")
and Gary Webb on a promissory note and guaranty. A third
defendant, George Rodman, is not a party to this appeal. Webb
and WDC appeared, answered, and filed a counterclaim. On
November 28, 1994, the trial court rendered judgment for
Yorkshire against the defendants jointly and severally for
$2, 959, 868.02, plus attorney's fees, interest, and
costs. The trial court also ordered that Webb and WDC take
nothing on their counterclaim.
September 14, 2004, less than ten years after the trial court
rendered judgment, Yorkshire requested that the District
Clerk of Dallas County issue a writ of execution. On
September 23, 2004, a copy of the writ was delivered to the
Dallas County Sheriff for execution. On July 29, 2013, a
second writ of execution was issued by the District Clerk of
Dallas County. The second writ, however, was not delivered to
the Dallas County Sheriff for execution.
February 3, 2016, Yorkshire filed an application for writ of
scire facias, requesting revival of the 1994 judgment.
Yorkshire asserted that the issuance of the 2004 writ of
execution kept the judgment alive until September 14, 2014.
Yorkshire contended that the judgment became dormant after
that date, but could be revived by application for scire
facias before the second anniversary of the date the judgment
became dormant. Webb and WDC filed an objection and motion to
quash the application, attaching an affidavit from Webb in
which he testified that he had never been served with any
writ of execution. The trial court
granted Yorkshire's application. This appeal followed.
section 31.006 of the Texas Civil Practice and Remedies Code,
"[a] dormant judgment may be revived by scire facias or
by an action of debt brought not later than the second
anniversary of the date that the judgment becomes
dormant." Tex. Civ. Prac. & Rem. Code Ann. §
31.006 (West 2015) ("Revival of Judgment"). Chapter
34 of the Civil Practice and Remedies Code addresses
execution on judgments. Section 34.001 provides, in relevant
No Execution on Dormant Judgment
(a) If a writ of execution is not issued within 10 years
after the rendition of a judgment of a court of record or a
justice court, the judgment is dormant and execution may not
be issued on the judgment unless it is revived.
(b) If a writ of execution is issued within 10 years after
rendition of a judgment but a second writ is not issued
within 10 years after issuance of the first writ, the
judgment becomes dormant. A second writ may be issued at any