Opinion
01-23-00331-CV
07-18-2023
Elizabeth Thomas, James Allen, Allan Haye, Robert Thomas, and James Andersen v. PCF Properties in TX, LLC
80th District Court of Harris County Trial court case number: 2020-35780
ORDER
Julie Countiss, Judge
Appellants, Elizabeth Thomas, James Allen, Allan Haye, Robert Thomas, and James Andersen (collectively, "appellants"), have filed notices of appeal from the trial court's April 19, 2023 summary-judgment order.
On June 16, 2023, appellants filed a "Joint Motion to Review Bond Posted to Stay Enforcement of Judgment Contested by the Appellees [sic]." Appellee responded. On June 20, 2023, appellants filed a "Joint Motion to Dismiss/Withdraw There [sic] Motion for Bond Review," stating that they "no longer wish[ed]" their bond review motion "to be heard."
Appellants' motion to dismiss is granted, and appellants' June 16, 2023 "Joint Motion to Review Bond Posted to Stay Enforcement of Judgment Contested by the Appellees [sic]" is dismissed.
On June 26, 2023, appellants filed a "Joint Amended Motion to Review Uncontested Bond Posted to Stay Enforcement of Judgment." Appellee responded.
Contrary to appellants' assertion, appellee, PCF Properties in TX, LLC, has contested the bond in the trial court.
Under Texas Rule of Appellate Procedure 24.4, we are able to review a "trial's court's ruling on supersedeas." See Mexico Foods Holdings, LLC v. Nafal, No. 05-23-00108-CV, 2023 WL 3316744, at *1 (Tex. App.-Dallas May 9, 2023, no pet.) (mem. op.); Senior Car Living VI, LLC v. Preston Hollow Capital, LLC, No. 01-21-00602-CV,___S.W.3d___, 2023 WL 1112162, at **1, 6 (Tex. App.-Houston [1st Dist.] Jan. 31, 2023, no pet.) (reviewing trial court's supersedeas order); see also WC 1st & Trinity, LP v. Roy F. & JoAnn Cole Mitte Found., No. 03-19-00905-CV, 2020 WL 544748, at *1 (Tex. App.-Austin Feb. 3, 2020, no pet.) (order & mem. op.) (noting appellate court reviews "trial court's ruling on supersedeas for an abuse of discretion"). Notably, the Court's review under rule 24.4 is limited. See Senior Care Living VI, 2023 WL 1112162, at *6; Orix Capital Markets, LLC v. La Villita Motor Inns, No. 04-09-00573-CV, 2010 WL 307885, at *3 (Tex. App.-San Antonio Jan. 27, 2010, no pet.) (mem. op.). Appellants, in their motion, have not directed the Court to a "trial court's ruling on supersedeas," and appellants have not established their entitlement to appellate review under rule 24.4.
Accordingly, appellants' June 26, 2023 "Joint Amended Motion to Review Uncontested Bond Posted to Stay Enforcement of Judgment" is denied.
It is so ORDERED.