Opinion
14-22-00827-CV
08-28-2023
TEXAS REIT, LLC, DALIO HOLDINGS I, LLC, AND DALIO HOLDINGS II, LLC, Appellants v. WCW HOUSTON PROPERTIES, Appellee
On Appeal from the 151st District Court Harris County, Texas Trial Court Cause No. 2017-35320
Panel Consists of Justices Jewell, Bourliot, and Spain.
ORDER
PER CURIAM
Last Friday afternoon, appellant Texas REIT, LLC filed an "emergency motion for temporary relief" pending this court's determination of its simultaneous filed "motion for review of supersedeas ruling." Texas REIT seeks review of the trial court's August 8, 2023 order requiring Texas REIT to post a $4,904,761.00 deposit to supersede the August 7, 2022 final judgment. Appellants Texas REIT and Dalio Holdings I, LLC, and Dalio Holdings II, LLC filed postjudgment motions on September 6, 2022, which the trial court denied on October 7, 2022. Appellants notice of appeal was filed on November 4, 2022.
Trial-court proceedings regarding the determination of Texas REIT's net worth occurred in 2022 and 2023, beginning with Texas REIT's November 14, 2022 declaration of net worth and appellee WCW Houston Properties's December 29, 2022 contest to that declaration. The trial court held hearings on April 28, 2023 and July 21, 2023, and the trial court signed an August 8, 2023 order "that the amount of the bond for [Texas REIT] to supersede the Judgment in this case is aet at $4,904,761.00." The trial court suspended the enforcement for 20 days. All of the filings and court reporter's transcripts of these proceedings regarding the determination of Texas REIT's net worth come to this court in an appendix to the motion for review and there does not appear to be an affidavit or unsworn declaration to authenticate the appendix or a statement that the information is within the personal knowledge of the attorney signing the motion. Tex.R.App.P. 10.2.
The appellate record has been filed and appellants' brief was filed on June 9, 2023. Appellee's brief is due on September 8, 2023.
With the understanding that Texas REIT will authenticate the appendix to the "motion for review of supersedeas ruling" by 5:00 p.m. on Tuesday, August 29, 2023, we immediately grant the "emergency motion for temporary relief" and stay enforcement of the trial court's August 8, 2023 supersedeas order pending further order of this court. Tex.R.App.P. 24.4. Appellee is directed to file a response to appellant's motion for review of the supersedeas ruling by 5:00 p.m. on Tuesday, August 29, 2023. The deadline to file appellee's brief remains unchanged.