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In re Marriage of Mize

Court of Appeals Sixth Appellate District of Texas at Texarkana
Nov 14, 2017
No. 06-17-00108-CV (Tex. App. Nov. 14, 2017)

Opinion

No. 06-17-00108-CV

11-14-2017

IN THE MATTER OF THE MARRIAGE PEGGY J. MIZE AND LESTER D. MIZE


On Appeal from the 62nd District Court Franklin County, Texas
Trial Court No. 11891 Before Morriss, C.J., Moseley and Burgess, JJ. ORDER

Appellant Lester D. Mize has filed an emergency motion requesting that our Court review the supersedeas bond in connection with his appeal of the trial court's final decree of divorce. See TEX. R. APP. P. 24.4. After reviewing the motion and the attached exhibits, we conclude that we have an insufficient basis upon which to review the trial court's decision. We have been informed that there was no evidentiary hearing before the trial court. See TEX. R. APP. P. 24.4 (providing for appellate review of trial court's order).

We, therefore, abate this appeal and remand the case to the trial court to conduct an evidentiary hearing on the issue of whether the supersedeas bond entered in this case is excessive and should be reduced, or whether the current bond is proper and is supported by sufficient evidence. See TEX. R. APP. P. 24.2, 24.4(d); see also TEX. CIV. PRAC. & REM. CODE ANN. § 52.006 (West 2015). The trial court shall issue findings of fact regarding the necessity of the bond amount and shall further specify the precise amount and terms of the security required to suspend enforcement of the judgment on appeal. See TEX. R. APP. P. 24.3(a) (trial court has continuing jurisdiction to order amount and type of security even after that court's plenary power has otherwise expired), 44.4 (governing trial court's remediable error). If the trial court determines that the order previously issued on November 6, 2017, should remain in place, then the court shall enter findings in support of that order. Should the trial court determine that an amended order setting a new supersedeas bond is required, the trial court shall enter that order and then enter findings in support of that order. The court's findings, and amended order, if any, should be filed in this Court in a supplemental clerk's record within twenty days of the date of this order. The supplemental reporter's record of the evidentiary hearing shall be filed in this Court within ten days of the hearing date.

The trial court issued a second order on November 6, 2017, requiring that the supersedeas bond entered on November 6, 2017, be posted on or before the close of business on November 17, 2017. The order further states that if the supersedeas bond is not posted by that time, Lester D. Mize must execute all transfer documents identified in the decree transferring assets to Peggy Mize and to fully comply with the decree on or before the close of business on November 17, 2017.

In light of this order of abatement and remand, this Court hereby ORDERS a stay of execution and enforcement of the final decree of divorce pending further orders of this Court. See TEX. R. APP. P. 24.4(c). During the pendency of this abatement, no action shall be taken by either party to this appeal that would in any way change ownership or titling of, or in any way jeopardize the property awarded to the other party in the final decree of divorce.

All appellate timetables are stayed and will resume on our receipt of the supplemental record.

IT IS SO ORDERED.

BY THE COURT Date: November 14, 2017


Summaries of

In re Marriage of Mize

Court of Appeals Sixth Appellate District of Texas at Texarkana
Nov 14, 2017
No. 06-17-00108-CV (Tex. App. Nov. 14, 2017)
Case details for

In re Marriage of Mize

Case Details

Full title:IN THE MATTER OF THE MARRIAGE PEGGY J. MIZE AND LESTER D. MIZE

Court:Court of Appeals Sixth Appellate District of Texas at Texarkana

Date published: Nov 14, 2017

Citations

No. 06-17-00108-CV (Tex. App. Nov. 14, 2017)