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In re Whiteaker

Although the plaintiff's motion to authorize sale of property was filed bearing the same cause number as the original receivership proceeding, that proceeding was a separate and distinct cause of action ancillary to, and independent of, the general receivership proceeding. As such, the order reciting withdrawal of that motion and denying relief disposed of every pending claim and party sufficient to preclude intervention into that portion of the proceeding pertaining to plaintiffs' motion to authorize sale of property. Accordingly, buyer's attempt to revive that proceeding by intervening was untimely. Amarillo Court of Appeals, No. 07-10-0001-CV, 02-04-2010

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Before QUINN, C. J., and HANCOCK and PIRTLE, JJ.

ORDER ON PETITION FOR WRIT OF MANDAMUS

Relators, Robert Pat Whiteaker and Whiteaker Ranches, Inc., (hereinafter collectively referred to as Relators) filed a petition for writ of mandamus alleging an abuse of discretion by the trial court in the signing of an order dated January 4, 2010, approving the sale of receivership property and authorizing and directing the Receiver, Wayne Cogdill, to complete the sale pursuant to the terms of a certain Farm and Ranch Purchase Contract between Whiteaker Family Ranches Limited Partnership, as seller, and Doug Lathem, as buyer, (hereinafter referred to as the Lathem Contract). We granted Relators’ emergency motion for temporary relief and stayed the enforcement of that order pending disposition of the original petition. For the reasons stated below, we conditionally grant mandamus relief.

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