Court of Appeals of Texas, Twelfth District, Tyler
ROGER TARRANT, DENISE TARRANT, JUSTIN TARRANT, AND THE D.A. TARRANT IRREVOCABLE TRUST, APPELLANTS
DANIEL R. SCARBROUGH, APPELLEE
from the 3rd District Court of Anderson County, Texas (Tr.Ct.
consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
T. Worthen Chief Justice
Tarrant, Denise Tarrant, Justin Tarrant, and the D.A. Tarrant
Irrevocable Trust (collectively the Tarrants) appeal a
default judgment entered against them in favor of Daniel R.
Scarbrough in his suit for fraudulent transfer of property.
In three issues, the Tarrants contend that the trial court
erred in denying their motion for new trial, failing to give
them due process of law, and rendering the judgment without
legally and factually sufficient evidence. We affirm.
R. Scarbrough represented Joshua Tarrant, son of Roger and
Denise, in a capital murder trial. When Scarbrough was not
paid for his legal services, he sued them for his
attorney's fees, expenses, and costs. On October 28,
2014, a jury found Roger and Denise liable and awarded
Scarbrough $115, 607.01. On November 21, Roger and Denise
transferred their nonexempt real property to another son,
Justin. On November 24, 2014, the trial court rendered
judgment against Roger and Denise for $115, 607.01.
Roger and Denise failed to pay Scarbrough's judgment, he
discovered there was no nonexempt property to be executed
upon. He then filed suit against the Tarrants under the Texas
Uniform Fraudulent Transfer Act (TUFTA) alleging the November
21 deed was a fraudulent conveyance. See Tex. Bus.
& Com. Code Ann. § 24.001 - .013 (West 2009 &
Supp. 2017). The Tarrants filed a general denial. When
responding to Scarbrough's interrogatories, the Tarrants
indicated they had no nonexempt assets. On November 7, 2016,
the district clerk for Anderson County sent the following
notice of hearing to Jim Echols, attorney of record for the
Tarrants, with a copy to Jeff Coe, attorney of record for
ANDERSON COUNTY DISTRICT COURT 500 N. Church Street,
Palestine, TX 75801 JUDGE Mark Calhoon
NOTICE OF SETTING JIM ECHOLS
202 W ERWIN SUITE 200 TYLER TX 75702
IN RE: CAUSE NO: DCCV16-017-3
ROGER TARRANT, DENISE TARRANT, JUSTIN TARRANT, D.A. TARRANT
TAKE NOTICE that the above style and numbered cause has been
set for FINAL on the 6th day of January, 2017 at 11:00 AM, IN
THE ANDERSON ...