[Download] "Texas Department Of Banking V. Mount Olivet Cemetery Association" by Texas Court of Appeals (Civil) # eBook PDF Kindle ePub Free
eBook details
- Title: Texas Department Of Banking V. Mount Olivet Cemetery Association
- Author : Texas Court of Appeals (Civil)
- Release Date : January 31, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
This appeal arises from a dispute between appellee Mount Olivet Cemetery Association ("Mount Olivet") and appellants the Banking Commissioner (the "Commissioner"), the Texas Department of Banking (the "Department"), and the Comptroller of Public Accounts (the "Comptroller") *fn2 as to whether certain funds from prepaid funeral contracts escheat to the State by virtue of the abandoned-property laws. *fn3 The district court ruled in favor of Mount Olivet, declaring that these funds are not subject to escheat under such laws and awarding Mount Olivet attorney's fees. The State appeals, asserting that the district court lacked jurisdiction and that the abandoned-property laws apply to the funds at issue. Because we conclude that the district court had jurisdiction to adjudicate Mount Olivet's claims and that Mount Olivet is not subject to the abandoned-property laws, we will affirm the district court's judgment.
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