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Dillon Transp. Inc. v. Gamez

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Sep 28, 2016
NUMBER 13-16-00217-CV (Tex. App. Sep. 28, 2016)

Opinion

NUMBER 13-16-00217-CV

09-28-2016

DILLON TRANSPORT INC., AND DILLON TRANSPORT IN ITS COMMON OR ASSUMED NAME, Appellant, v. THERESA GAMEZ AND MIGUEL A. GARCIA SR., Appellees.


On appeal from the 117th District Court of Nueces County, Texas.

ORDER

Before Chief Justice Valdez and Justices Rodriguez and Benavides
Per CuriamOrder

On September 19, 2016, and September 22, 2016, appellant, Dillon Transport, Inc., filed opposed emergency motions for temporary relief in appellate cause number 13-16-00217-CV to stay execution of the judgment in this case in favor of appellees, Theresa Gamez and Miguel A. Garcia Sr., and to stay the trial court's order requiring that Dillon post an additional $4,000,000 for its supersedeas bond on October 3, 2016 pending our resolution of Dillon's "Motion[s] for Tex. R. APP. P. 24.4 Relief."See TEX. R. APP. P. 24.4(a)(1) (allowing the courts of appeal to review "the sufficiency or excessiveness of the amount of security, but when the judgment is for money"). Appellees oppose the motions to stay in all respects.

In its 24.4 motion, Dillon claims that the trial court improperly ordered it to post a supersedeas bond in excess of fifty percent of its net worth in violation of Texas Rule of Appellate Procedure 24.2(1) (requiring that the amount of a supersedeas bond must not exceed the lessor of either fifty percent of the judgment debtor's current net worth or twenty-five million dollars). Dillon's affidavit of net worth, that has not been challenged, states that it is worth approximately 8,000,000, and Dillon has posted a 4,000,000 bond to supersede the judgment in this case pending its appeal. --------

The Court, having examined and fully considered the emergency motions to stay and the responses thereto, is of the opinion that the emergency motions to stay should be granted. See TEX. R. APP. P. 10.3(a)(3) (allowing the Court hear or determine an emergency motion even though the motion had not been on file for 10 days). The emergency motions to stay are GRANTED, and we order that the execution of judgment in appellate cause numbers 13-16-00217-CV is stayed and the trial court's orders requiring that Dillon post an additional supersedeas bond on October 3, 2016 are stayed pending our resolution of appellant's motion for "Tex. R. App. P. 24.4 Relief" or further notice of the Court.

IT IS SO ORDERED.

PER CURIAM Delivered and filed the 28th day of September, 2016.


Summaries of

Dillon Transp. Inc. v. Gamez

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Sep 28, 2016
NUMBER 13-16-00217-CV (Tex. App. Sep. 28, 2016)
Case details for

Dillon Transp. Inc. v. Gamez

Case Details

Full title:DILLON TRANSPORT INC., AND DILLON TRANSPORT IN ITS COMMON OR ASSUMED NAME…

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Sep 28, 2016

Citations

NUMBER 13-16-00217-CV (Tex. App. Sep. 28, 2016)