Opinion
10-24-00226-CV
09-11-2024
IN THE MATTER OF THE MARRIAGE OF STEPHENIE ANN VICKERY AND JOHN BRIAN VICKERY
From the 378th District Court Ellis County, Texas Trial Court No. 108506D
Before Chief Justice Gray, Justice Johnson, * and Justice Smith * Justice Johnson dissents)
ABATEMENT ORDER
PER CURIAM
The appellant's motion to stay filed on August 26, 2024, and the appellee's response filed on August 27, 2024, have been considered by the Court. The docketing statement filed by the appellant indicates that no supersedeas bond was filed in this proceeding. It is unclear from the record whether or not an order for a supersedeas bond was requested or was considered by the trial court. The Court believes that the initial determination regarding this issue should be considered by the trial court.
Therefore, this proceeding is abated and remanded to the trial court for an initial determination of whether or not a supersedeas bond is appropriate in this proceeding in order to stay the execution of the trial court's judgment pending this appeal. If the trial court determines that a bond is appropriate, the trial court is ordered to set the bond pursuant to the rules of appellate procedure. The trial court may also make any other orders it deems appropriate relating to the sale of the residence during the pendency of this appeal, if any.
The trial court is ordered to conduct a hearing to determine these issues within 21 days of this Order and to sign a written order containing its rulings pursuant to this Order within 7 days of the hearing. The trial court clerk is ordered to file a supplemental record with the trial court's order within 7 days of the filing of the order. The trial court is ordered to ensure that a record is made of the hearing if either party requests it and to ensure that the record is filed within 14 days of the receipt of payment by the appellant.
This proceeding will be automatically reinstated upon the receipt of the clerk's and reporter's records, or within 60 days of this Order if either of those records are not received by this Court.
Nothing contained in this Order precludes the parties from reaching a written agreement regarding the stay as requested by the appellant. The appellant's motion to stay is temporarily granted during this abatement.
Appeal abated