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Advantage Aviation Techs. v. Axcess Aviation Maint. Servs.

Court of Appeals of Texas, Fifth District, Dallas
Feb 6, 2024
No. 05-23-00344-CV (Tex. App. Feb. 6, 2024)

Opinion

05-23-00344-CV

02-06-2024

ADVANTAGE AVIATION TECHNOLOGIES, INC., Appellant v. AXCESS AVIATION MAINTENANCE SERVICES, INC., Appellee


On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-03315

Before Justices Molberg, Pedersen, III, and Smith

SUPPLEMENTAL OPINION

KEN MOLBERG, JUSTICE

Before the Court is appellee Axcess Aviation Maintenance Services, Inc.'s "Motion to Correct Judgment and Render Judgment Against Surety," which seeks to correct our December 27, 2023 judgment in accordance with Texas Rule of Appellate Procedure 43.5. See Tex. R. App. P. 43.5.

The rule states, "When a court of appeals affirms the trial court judgment, or modifies that judgment and renders judgment against the appellant, the court of appeals must render judgment against the sureties on the appellant's supersedeas bond, if any, for the performance of the judgment and for any costs taxed against the appellant." Tex.R.App.P. 43.5.

We GRANT the motion to the extent we (1) ORDER the Clerk to file, as of the date of this opinion, the supplemental clerk's record appellee submitted to this court on January 17, 2024; (2) VACATE our December 27, 2023 judgment, and (3) AFFIRM the trial court's judgment against appellant Advantage Aviation Technologies, Inc. and RENDER JUDGMENT against Lexington National Insurance Company on the claims affirmed against appellant for the performance of the judgment and for any costs taxed against appellant, subject to the terms and conditions of the supersedeas bond filed by appellant.

JUDGMENT

In accordance with this Court's supplemental opinion of this date, we VACATE our December 27, 2023 judgment, AFFIRM the trial court's judgment against appellant Advantage Aviation Technologies, Inc., and RENDER JUDGMENT against Lexington National Insurance Company on the claims affirmed against appellant for the performance of the judgment and for any costs taxed against appellant, subject to the terms and conditions of the supersedeas bond filed by appellant.

It is ORDERED that appellee AXCESS AVIATION MAINTENANCE SERVICES, INC. recover its costs of this appeal from appellant ADVANTAGE AVIATION TECHNOLOGIES, INC.

Judgment entered.


Summaries of

Advantage Aviation Techs. v. Axcess Aviation Maint. Servs.

Court of Appeals of Texas, Fifth District, Dallas
Feb 6, 2024
No. 05-23-00344-CV (Tex. App. Feb. 6, 2024)
Case details for

Advantage Aviation Techs. v. Axcess Aviation Maint. Servs.

Case Details

Full title:ADVANTAGE AVIATION TECHNOLOGIES, INC., Appellant v. AXCESS AVIATION…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Feb 6, 2024

Citations

No. 05-23-00344-CV (Tex. App. Feb. 6, 2024)