Opinion
NO. 03-11-00125-CV
02-23-2012
Michael Nathan Kashan, individually and d/b/a Sima Mail & Market and d/b/a Discount City USA and Discount City USA, LLC, a California limited liability company, d/b/a Sima Mail & Market, Appellant v. McLane Company, Inc., a Texas Corporation, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 146TH JUDICIAL DISTRICT
NO. 242,417-B, HONORABLE RICK MORRIS, JUDGE PRESIDING
ORDER
PER CURIAM
Appellant has filed a pleading captioned Emergency Motion for Stay and for Injunctive Relief Against Real Party in Interest. In the motion, he asks this Court to "stay all post-judgment collection efforts" in the proceedings underlying this appeal. Attached to the motion is Appellant's declaration stating that he has "not sought a bond on appeal, because [he] has negative income and assets." Texas Rule of Appellate Procedure 24 provides the methods for suspending enforcement of a trial court's judgment pending appeal. See Tex. R. App. P. 24 (suspension of enforcement of judgment pending appeal in civil cases). Appellant admits that he has not filed a bond to supersede the judgment because he has "negative income and assets." Rule 24, however, permits a judgment debtor to supersede a money judgment by providing a bond, deposit, or security in an amount that does not exceed the lesser of 50 percent of the judgment debtor's current net worth or $25 million. See Tex. R. App. P. 24.2(a)(1)(A). Appellant has not followed the proper procedure for obtaining the relief he seeks. Accordingly, the motion is denied. Before Chief Justice Jones, Justices Pemberton and Henson
Appellant purports to file the motion pursuant to Texas Rule of Appellate Procedure 52.10(a). See Tex. R. App. P. 52.10(a) (relator in original proceeding may file motion to stay underlying proceedings or for any other temporary relief pending court's action on petition). Because Appellant is not a "relator in an original proceeding" he is not entitled to seek the relief afforded by rule 52.10(a).