Opinion
13-23-00396-CV
10-06-2023
LARRY MENARD, Appellant, v. SHERRY L. CATHEY A/K/A SHERRY L. KUENSTLER AND RICHARD KUENSTLER, Appellees.
On appeal from the 135th District Court of Goliad County, Texas.
Before Chief Justice Contreras and Justices Silva and Pena
ORDER OF ABATEMENT
PER CURIAM.
Appellant Larry Menard filed a motion requesting this Court "to fix the amount and to set the type of security required to suspend enforcement of the judgment." However, Texas Rule of Appellate Procedure 24.2(a)(3) requires the trial court to set the type and amount of a supersedeas bond, not this Court. TEX. R. APP. P. 24.2(a)(3). Accordingly, on this Court's own motion, we ABATE and REMAND this matter to the trial court for proceedings pursuant to Texas Rule of Appellate Procedure 24. See id. R. 24. Upon remand, the trial court shall cause notice of a hearing to be set and hold a hearing on the issues presented pertinent to Rule 24. The trial court's ruling and any findings and conclusions shall be filed with this Court in the form of a supplemental clerk's record. Appellant shall further file a reporter's record of the hearing on remand. The supplemental clerk's record, reporter's record, and appellant's motion pertaining to these issues, if any, shall be due in this Court within thirty days. Appellees' response thereto shall be due within fifteen days thereafter. This appeal will be reinstated upon further order of the Court.