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Speedy Car Wash v. Sher

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Nov 5, 2021
No. 13-20-00492-CV (Tex. App. Nov. 5, 2021)

Opinion

13-20-00492-CV 13-21-00085-CV

11-05-2021

SPEEDY CAR WASH, INCORPORATED AND CARLOS A. GUERRA, GUARANTOR, Appellants, v. GERALD SHER, SUSAN SHER, SPECIALTY CUISINE, INC. D/B/A ISLE WASH AND ANDREW SHER, TRUSTEE, Appellees.


On appeal from the 107th District Court of Cameron County, Texas.

Before Chief Justice Contreras and Justices Hinojosa and Silva

ORDER

PER CURIAM

Appellants Speedy Car Wash, Inc. and Carlos A. Guerra, Guarantor have filed a motion to determine sufficiency of security and motion for emergency relief seeking to stay enforcement of the judgments in the underlying causes. See Tex. R. App. P. 24.4(a)(4); id. R. 24.4(c). We previously granted the motion to stay enforcement of the judgment pending further order of this Court, and we requested appellees to file a response to the motion to determine sufficiency of security. See id. 24.4(c). Appellees have since filed a response, and appellants have filed a reply.

In reviewing the record before us, we note that the trial court has not entered a ruling determining the sufficiency of the security. Therefore, we abate the causes and remand the case to the trial court to hold a hearing and proceedings pursuant to Texas Rule of Civil Procedure 24. See Tex. R. App. P. 24.4(c); see also Kanan v. Plantation Homeowner's Ass'n, Inc., No. 13-11-00282-CV, 2012 WL 593067, at *1 (Tex. App.- Corpus Christi-Edinburg Feb. 21, 2012, no pet.) (mem. op.). We direct the trial court to hold a hearing on the issues pertinent to Rule 24. We direct the trial court to file its ruling and any findings and conclusions with this Court in the form of a supplemental clerk's record. We further direct appellants to file a reporter's record of the hearing on remand. The supplemental clerk's record and reporter's record are due in this Court within thirty days of this order. The motion to determine sufficiency of the security will be carried with the case, the appeal will remain abated, and the enforcement of the underlying judgment will be stayed until further order of the Court.


Summaries of

Speedy Car Wash v. Sher

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Nov 5, 2021
No. 13-20-00492-CV (Tex. App. Nov. 5, 2021)
Case details for

Speedy Car Wash v. Sher

Case Details

Full title:SPEEDY CAR WASH, INCORPORATED AND CARLOS A. GUERRA, GUARANTOR, Appellants…

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

Date published: Nov 5, 2021

Citations

No. 13-20-00492-CV (Tex. App. Nov. 5, 2021)