Opinion
NO. 03-14-00519-CV
05-20-2016
John Thomas Aiken, Appellant v. Angelique S. Naylor, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT
NO. D-1-GN-13-003527, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDINGORDER
PER CURIAM
Angelique S. Naylor filed a motion challenging the trial court's order setting John Thomas Aiken's supersedeas bond and requesting increase of the bond amount to "not less than $40,800."See Tex. R. App. P. 24.4(a)(1) (allowing for review of amount of security ordered by trial court).
The underlying judgment awarded Naylor $6,322.75 consisting of $6,250 in attorneys' fees and $72.75 in court costs. --------
Having reviewed the motion, response, and the record, we conclude that trial court did not abuse its discretion by declining to set Aiken's supersedeas bond at $40,800 or more. See Tex. R. App. P. 24.4(a)(5) (allowing for review of trial court's "exercise of discretion" in ordering amount of security); Isern v. Ninth Court of Appeals, 925 S.W.2d 604, 606 (Tex. 1996) (considering whether trial court abused its discretion by ordering alternate security under predecessor to Rule 24); EnviroPower, L.L.C. v. Bear, Stearns & Co., 265 S.W.3d 1, 2 (Tex. App.—Houston [1st Dist.] 2008, pet. denied) (reviewing trial court's order setting supersedeas bond for abuse of discretion). Accordingly, we deny Naylor's motion.
It is ordered on May 20, 2016. Before Chief Justice Rose, Justices Goodwin and Field