Opinion
NO. 14-16-00210-CV
08-02-2016
O.C.T.G., L.L.P AND SOJOURN PARTNERS, L.L.C., Appellants v. LAGUNA TUBULAR PRODUCTS CORPORATION AND LTP REAL ESTATE, LLC, Appellees
On Appeal from the 190th District Court Harris County, Texas
Trial Court Cause No. 2013-44749
ORDER
This is an appeal from a final judgment signed December 17, 2015. In February 2016, appellant O.C.T.G., L.L.P., deposited a check along with a net-worth affidavit with the trial court, which suspended enforcement of the judgment against appellant. Plaintiffs/appellees objected to the net-worth affidavit; subsequently, the trial court held an evidentiary hearing on the issues of net worth and substantial economic harm. On July 13, 2016, the trial court sustained the objection and ordered appellant to post additional security of more than $1.7 million.
On July 28, 2016, appellant filed a Rule 24.4 motion in this court challenging the trial court's July 13, 2016 Order on Supersedeas. Contemporaneously, appellant filed an emergency motion requesting we stay enforcement of the trial court's order requiring additional security as well as stay execution of the trial court's judgment, pending a ruling on its Rule 24.4 motion. Texas Rule of Appellate Procedure 24.4(c) provides that in a review from the trial court's supersedeas determination, an appellate court may "issue any temporary orders necessary to preserve the parties' rights." Tex. R. App. P. 24.4(c).
It appears from the facts stated in the emergency motion that appellant's rights will be prejudiced unless immediate temporary relief is granted. Accordingly, we grant the motion and issue the following order.
We therefore ORDER that enforcement of both the trial court's supersedeas order and final judgment is stayed in trial court cause number 2013-44749, styled Laguna Tubular Products Corporation and LTP Real Estate, LLC F/K/A LTP Real Estate Inc., v. O.C.T.G., L.L.P. and Sojourn Partners, L.L.C. Enforcement of the order and judgment is stayed until further orders of this court.
Appellees are requested to file a response to appellant's Rule 24.4 motion on or before August 17, 2016.
PER CURIAM Panel consists of Justices Busby, Donovan, and Wise.