Emergency sale of perishable goods is discussed at section 8.23 in this chapter. The application and affidavit on which this order is based are at forms 8-14 and 8-15. The hearing will probably be ex parte because the rule does not provide for notice to or participation of the adverse party. See Tex. R. Civ. P. 710. If appropriate, include a signature line for the defendant’s attorney.
Tex. R. Civ. P. 712 requires the officer making the sale to return the order of sale to the court and at the time of making the return to pay the clerk or justice of the peace the proceeds of the sale.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
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Use the same caption as in the application for emergency sale at form 8-14. |
Order for Emergency Sale of Perishable Property
[after Sequestration]
The Court has heard Plaintiff’s Application for Emergency Sale of Perishable Personal Property in this cause. The Court finds that good cause exists for the issuance of an order to sell the property described in this Order.
It is therefore ORDERED that an order of sale be issued directing the officer to sell, as under execution, the following property: [describe property as in form 8-14].
It is further ORDERED that the proceeds of the sale be placed in the registry of this Court pending a trial of this cause on its merits. The officer will return the order of sale, sign it, and state on it the time and place of sale, name of the purchaser, amount of money received, and expenses of the sale.
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO FORM:
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
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Include the following if applicable. |
[Name]
Attorney for Defendant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
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If the application is granted, the clerk should issue an order of sale. |