Tag Archives: supersedeas

Discretion to issue “superdupersedeas” against the State

The Supreme Court of Texas has recognized the discretion of a trial court judge to deny the State of Texas automatic supersedeas in cases involving non-monetary judgments pursuant to Texas Rule of Appellate Procedure 24.2(a)(3). In In re State Board for Educator Certification, a schoolteacher challenged the State Board for Educator Certification’s revocation of his … Continue Reading

More Fun with Supersedeas Practice

The Houston Fourteenth Court of Appeals recently issued an opinion that addresses a couple of important issues for supersedeas practice, namely consolidated financial statements, burden of proof, and expert requirements. In Hunter Buildings & Manufacturing L.P. v. MBI Global L.L.C., the trial court signed a judgment against six entities for joint-and-several liability.  Three of the … Continue Reading

Texas Supreme Court to decide whether attorney’s fees must be superseded pending appeal

The Texas Supreme Court recently set In Re Nalle Plastics Limited Partnership for oral argument indicating that it will decide whether attorney’s fees must be superseded pending appeal.  The Court will resolve a split of authority that has developed in Texas courts of appeals as to whether attorney’s fees consitute "compensatory damages" under Texas Rule of Appellate Procedure 24.2 and … Continue Reading

Post-judgment injunction upheld

Appellate Rule 24.4(a) sets out the matters that an appellate court may review with respect to posting of supersedeas.  Review of a post-judgment injunction order under Rule 24.2(d) is not among those items.  Appellant Hydroscience Technologies, Inc. obtained review of an order granting a post-judgment injunction in Hydroscience Technologies, Inc. v. Hydroscience, Inc. The trial … Continue Reading

Split of Authority Regarding Superseding Attorney’s Fees On Appeal

The Dallas Court of Appeals, in an opinion by Chief Justice Carolyn Wright (left), recently held that attorney’s fees awarded in a judgment need not be superseded on appeal.  In an opinion last year also by Chief Justice Wright, the Dallas Court held that attorney’s fees awarded in a breach of contract case were not "compensatory damages," and, therefore, … Continue Reading

Judgments, Net Worth, and Supersedeas

Once again, a court of appeals has weighed in on the question of calculating net worth for purposes of supersedeas.  The Dallas Court of Appeals recently held that a trial court did not abuse its discretion by refusing to include the judgment as a liability in calculating the judgment debtor’s net worth.  The court relied on the … Continue Reading

Mandamus and Supersedeas

The San Antonio Court of Appeals has issued an interesting opinion in a mandamus proceeding involving what is described as an unsuperseded judgment.  In In re Romero, Gonzalez & Benavides, L.L.P., there was a dispute between the law firm of Romero, Gonzalez & Benavides (RG&B) and attorney Mark Cantu regarding the right to a portion … Continue Reading

Judgments Against Sureties

The Austin Court of Appeals has held that a court of appeals judgment that affirms the trial court’s judgment is the equivalent of a judgment rendered against the appellants.  In Kleas v. BMC West Corp., the Court construes TRAP 43.5 regarding judgments against sureties and holds that its judgment affirming the trial court’s judgment is … Continue Reading