Opinion
14-24-00097-CV
02-13-2024
BRYAN C. WAGNER, Appellant v. EXXON MOBIL CORPORATION, Appellee
On Appeal from the 189th District Court Harris County, Texas Trial Court Cause No. 2009-60726
Panel Consists of Chief Justice Christopher and Justices Jewell and Hassan.
ORDER
PER CURIAM
Before this court is an emergency motion filed by appellant Bryan C. Wagner to stay enforcement of the trial court's turnover order signed January 30, 2024. Appellee Exxon Mobil Corporation has filed a response, and appellant has filed a reply.
After considering the parties' filings, we conclude that appellant must be given an opportunity to supersede the trial court's turnover order. See Tex. R. App. P. 24.1. Judgment debtors are entitled to supersede judgments while pursuing an appeal. Miga v. Jensen, 299 S.W.3d 98, 100 (Tex. 2009). This rule is equally applicable to turnover orders. See Schultz v. Fifth Judicial Dist. Ct. of Appeals at Dall., 810 S.W.2d 738, 739 n.3 (Tex. 1991). Accordingly, appellant's emergency motion to stay enforcement of the trial court's turnover order is hereby GRANTED. The trial court's turnover order is hereby stayed until February 29, 2024. The stay issued by this order shall expire at the end of that date. Appellant shall file with the trial court the materials required to supersede the trial court's turnover order pursuant to Texas Rules of Civil Procedure 24.1 and 24.2 no later than February 29, 2024. We lift the temporary stay this court ordered on February 8, 2024.
Although appellant requests further relief in association with items (1), (m), (n), (o), and (p) of the trial court's turnover order, we conclude no further relief is warranted at this time beyond that available under the normal procedures for superseding trial court judgments.