Opinion
NO. 03-14-00621-CV
05-20-2016
Frank M. Seliger, Appellant v. Ethiopian Evangelical Church, Appellee
FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY
NO. C-1-CV-14-005819, HONORABLE ERIC SHEPPERD, JUDGE PRESIDINGORDER
PER CURIAM
The Ethiopian Evangelical Church filed a motion for emergency relief from insufficient security, and an amended motion, contending that the trial court abused its discretion by not granting full relief to the Church on its motion to increase Frank M. Seliger's supersedeas bond by an amount of "not less than $22,000."See Tex. R. App. P. 24.4(a)(1) (allowing for review of amount of security ordered by trial court).
The Church's amended motion included citations to a supplemental reporter's record.
The trial court ordered Seliger to make graduated monthly payments pending appeal but did not order the immediate $22,000 payment the Church sought. --------
Having reviewed the motion, response, and the record, we conclude that the trial court did not abuse its discretion by declining to increase Seliger's supersedeas bond by $22,000 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); see also Tierone Converged Networks, Inc. v. Lavon Water Supply Corp., No. 05-13-00370-CV, 2013 Tex. App. LEXIS 15357, at *5-6, *7 (Tex. App.—Dallas Dec. 19, 2013, no pet.) (mem. op.) (reversing trial court's bond increase). Accordingly, we deny the Church's amended motion.
It is ordered on May 20, 2016. Before Chief Justice Rose, Justices Goodwin and Field