Opinion
NUMBER 13-17-00401-CV
09-28-2017
TEXAS WINDSTORM INSURANCE ASSOCIATION, BRUSH COUNTRY CLAIMS, LTD AND DAVID GUTIERREZ, Appellants, v. DAVID JAMES AND SUE JAMES, Appellees.
On appeal from the 60th District Court of Jefferson County, Texas.
ORDER
Before Chief Justice Valdez and Justices Contreras and Hinojosa
Order Per Curiam
Appellant, Texas Windstorm Insurance Association, has filed a Motion to Review the Amount of the Supersedeas Bond. See TEX. R. APP. P. 24.4. We requested a response from appellees, David James and Sue James, and one has been filed. We have also received the reply from appellants.
The supersedeas bond is in the amount of $190,943.49. No party disputes that this amount is the sum total of: (a) $51,000 in actual damages; (b) $22,866.16 in prejudgment interest; (c) $3,343.73 in anticipated interest through appeal; (d) $90,919.73 in additional interest in accordance with Chapter 542 of the Texas Insurance Code; (e) $11,996.55 in anticipated additional interest through appeal; and (f) $10,817.32 in court costs.
After considering the motion, the response, and the reply, the Court finds that the motion should be DENIED IN PART and GRANTED IN PART. Appellant's requests that it be exempt for posting a supersedeas bond and that the bond amount be zeroed out are DENIED. Appellant's alternative request that the supersedeas bond amount be decreased is GRANTED. The supersedeas bond amount ordered by the trial court shall be decreased by elements (b), (d), and (e) above, and the new sum total of the supersedeas bond will be $65,161.05. Compare Nalle Plastics Family Ltd. Partnership, 406 S.W.3d 168, 173 (Tex. 2013) (orig. proceeding [mand. granted]) (providing that attorney's fees, court costs, and pre-judgment interest "make a claimant whole," but do not qualify as "compensatory damages") with TEX. CIV. PRAC. & REM. CODE ANN. § 52.006(a) (West, Westlaw through 2017 R.S.) (providing that the amount of security must equal the sum of: (1) the amount of compensatory damages awarded in the judgment; (2) interest for the estimated duration of the appeal; and (3) costs awarded in the judgment).
IT IS SO ORDERED.
PER CURIAM Delivered and filed the 28th day of September, 2017.