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Bergenholtz v. Eskenazi

Court of Appeals of Texas, Eighth District, El Paso

May 3, 2017

STEPHEN AARON BERGENHOLTZ, Appellant,
v.
JOSEPHINE DONNA ESKENAZI, Appellee.

         Appeal from the 380th District Court of Collin County, Texas (TC# 380-51444-2008)

          Before McClure, C.J., Rodriguez, and Hughes, JJ.

          OPINION

          YVONNE T. RODRIGUEZ, JUSTICE

         Appellant, Stephen Aaron Bergenholtz, appeals from an order granting turnover relief and appointing a receiver. We affirm.

         FACTUAL SUMMARY

         Stephen Aaron Bergenholtz and Josephine Donna Eskenazi divorced on October 20, 2009.[1]On that same date, the parties also entered into an agreement incident to divorce (AID) for the purpose of dividing the marital estate. Under the AID, Eskenazi was awarded $712, 500, less certain offsets, and a secured promissory note in the amount of $400, 000 to be executed by Bergenholtz. Disputes regarding the property division continued to exist, and on July 14, 2011, the parties entered into a settlement agreement to resolve those disputes. The settlement agreement recites, in part, that:

The $1, 100, 000.00 judgment rendered by the trial court in this proceeding pursuant to the Agreement Incident to Divorce (AID) by and through this agreement is reduced and settled in whole as follows:
$750, 000.00 if paid on or before December 31, 2011;
$850, 000.00 if paid after December 31, 2011 but before January 31, 2012;
$950, 000.00 if paid after January 31, 2012 but before February 28, 2012;
$1, 000, 000.00 if paid after February 28, 2012 but before March 31, 2012;
$1, 100, 000.00 after March 31, 2012 subject to any lawful offsets which amount includes the remaining balance of court-ordered payments totaling
$55, 000.00 which shall be paid by Stephen Bergenholtz to Josephine Eskenazi.

         On June 3, 2014, Eskenazi filed a motion to reduce to judgment portions of the July 14, 2011 settlement agreement. According to the motion, the balance due on the judgment was $851, 696.44. The trial court granted the motion, awarded Eskenazi judgment in the amount of $851, 696.44, and ordered Bergenholtz to make full payment to Eskenazi on or before July 9, 2014. Bergenholtz did not appeal or pay the judgment, and Eskenazi filed a motion requesting the trial court to issue a show cause order. Her motion also included an application for a turnover order and for appointment of a receiver. On March 3, 2015, the trial court entered an order finding that Eskenazi was entitled to turnover relief and it appointed a receiver, David F. Freudiger. Bergenholtz timely filed notice of appeal.

         VALIDITY OF THE JUNE 9, 2014 ORDER

         Bergenholtz presents three issues challenging ...


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