Opinion
No. 04-17-00009-CV
05-11-2018
IN THE ESTATE OF BARBARA R. DEAN, DECEASED
From the County Court, Jim Wells County, Texas
Trial Court No. 7344
Honorable Homero Garza, Judge Presiding
ORDER
Sitting: Karen Angelini, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice
This court's opinion and judgment were issued in this appeal on February 28, 2018. This court reversed the trial court's judgment and remanded the cause to the trial court for further proceedings. Currently pending before the court are: (1) appellant's motion to release supersedeas bond; (2) appellee's motion for reconsideration; (3) appellee's response to appellant's motion to release supersedeas bond; and (4) a motion for leave to withdraw filed by appellee's attorney.
Appellant's motion to release supersedeas bond is GRANTED. See Amwest Sur. Ins. Co. v. Graham, 949 S.W.2d 724, 727 (Tex. App.—San Antonio 1997, writ denied) ("the surety on the bond issued to secure payment of [a] reversed judgment is released and discharged as a matter of law"); see also In re Castle Tex. Prod. Ltd. P'ship, 157 S.W.3d 524, 528 (Tex. App.—Tyler 2005, orig. proceeding) (holding motion to release supersedeas bond after judgment is reversed on appeal is "unnecessary under our case law and not required by rule or statute" because "the surety on a bond to secure payment of a reversed judgment is released as a matter of law").
By order dated March 23, 2018, this court granted appellee's motion for extension of time to file a response to appellant's motion to release supersedeas bond. The order required appellee's response to be filed by April 12, 2018. On April 12, 2018, appellee filed a response; however, on April 13, 2018, appellee also filed a motion for reconsideration. This court's order did not grant appellee an extension of time to file a motion for reconsideration, and this court denied appellee's motion for reconsideration en banc on March 14, 2018. Because the motion for reconsideration was untimely filed, the motion for reconsideration is DENIED. See TEX. R. APP. P. 49.
The motion to withdraw filed by appellee's attorney is GRANTED. Appellee's attorney "must immediately notify [appellee], in writing, of any deadlines or settings that the attorney knows about at the time of the withdrawal but were not previously disclosed to [appellee]," and a copy of such notice must be filed with this court. See TEX. R. APP. P. 6.5c).
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of May, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court