CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
Bowman and Brooke represented Insignia Development and 12 other defendants in an action by plaintiff to enforce a $428,027.53 consent judgment by alleging fraudulent transfers were made by Insignia Development to the other 12 defendants. Plaintiff obtained an ex parte TRO on February 7, 2008, restraining defendants from transferring title to any real estate or disbursing any funds from previous sales of real estate. The court issued an order on March 3, 2008, dissolving the ex parte temporary restraining order, denying plaintiff’s application for a temporary restraining order, and finding that “Burnet Realty is not likely to prove that…Insignia Development transferred the properties at issue in this case with fraudulent intent.” Subsequently, the court granted defendant’s motion for fees and costs incurred in connection with dissolving the ex parte TRO and dismissed the case with prejudice on December 23, 2008.