This case has been cited 2 times or more.
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2010-08-25 |
BRION, J. |
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| In view of the garnishment, NFA Administrator David (later joined by the NFA) sought relief from this Court by filing a special civil action for certiorari to seek (1) the annulment of the October 9, 1996 order, (2) the annulment of the writ of execution issued pursuant to the October 9, 1996 order, and (3) the issuance of an order directing the RTC to conduct pre-trial and trial. The petition, entitled David v. Velasco,[10] cited the following jurisdictional errors: I. Respondent judge violated the law and gravely abused his discretion and acted without jurisdiction in granting the writ of execution and issuing it in Civil Case No. Q-93-17139 when no pre-trial and no trial had been held, and no decision had been rendered in said case. | |||||
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2007-09-12 |
NACHURA, J. |
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| Before a writ of execution may issue, there must necessarily be a final judgment or order that disposes of the action or proceeding. The writ of execution is the means by which a party can enforce a final judgment or order of the court. Absent a final judgment or order, there is nothing to enforce or execute; thus, there can be no valid writ of execution.[45] | |||||