Opinion
14-21-00701-CV
02-16-2022
AMERICAN AKAUSHI ASSOCIATION, INC., HEARTBRAND HOLDINGS, INC., AND RONALD BEEMAN, Appellants/Cross-Appellees v. TWINWOOD CATTLE COMPANY, INC., Appellee/Cross-Appellant
On Appeal from the 458th District Court Fort Bend County, Texas Trial Court Cause No. 18-DCV-250789
Panel Consists of Justices Jewell, Zimmerer, and Hassan.
ORDER
PER CURIAM.
On February 15, 2022, appellants/cross-appellees filed (1) a Rule 24.4(a) Motion for Review of Net Worth Determination, and (2) an Emergency Motion for a Rule 24.4(c) Temporary Order to Stay Execution of Judgment Pending Appellate Review. The parties dispute the amount of bond or security appellant HeartBrand Holdings, Inc. ("HeartBrand") must file to supersede the judgment pending appeal. See Tex. R. App. P. 24.2. The emergency motion for a temporary stay requests this court to stay execution of the trial court's judgment pending the court's ruling on appellants'/cross-appellees' Rule 24.4(a) Motion for Review of Net Worth Determination. In response, appellee/cross-appellant has filed a Request for a Briefing Schedule on the Rule 24.4(a) Motion for Review of Net Worth Determination and noted it does not oppose the emergency motion for a temporary stay of execution.
Texas Rule of Appellate Procedure 24.4(c) authorizes courts of appeals to "issue any temporary orders necessary to preserve the parties' rights" pending review of a trial court's determination of the amount of security required to supersede a judgment. Being unopposed, the court GRANTS appellants'/cross-appellees' Emergency Motion for a Rule 24.4(c) Temporary Order to Stay Execution of Judgment Pending Appellate Review. Execution on the trial court's September 17, 2021 final judgment is stayed until further order of this court.
Appellants'/cross-appellees' Rule 24.4(a) Motion for Review of Net Worth Determination remains pending before the court. Appellee's/cross-appellant's request for a briefing schedule is GRANTED. Appellee/cross-appellant is requested to file a response on or before March 2, 2022. Any reply is due on or before March 9, 2022.