Judgment, posting a bond, making a deposit in lieu of a bond, or providing alternate These rules provide otherwise, a judgment debtor may supersede the judgment by”įiling an agreement with the judgment creditor for suspending enforcement of the
Of a judgment pending appeal in civil cases. Texas Rule of Appellate Procedure 24 addresses suspension of enforcement On a question of law, our review is de novo.
NEWSTREAM HOTEL PARTNERS IAH LLC TRIAL
We now turn to Newstream’s motion for review of the trial court’s On April 9, 2020, we denied both motions and reinstated the appeal. Due to events occurring during the abatement, Red Lion moved toĭismiss the appeal as moot, and Newstream moved to continue the abatement period. On January 23, 2020, we abated the appeal for 60 days and referred the parties We did not review the trial court’s supersedeas ruling at that time. We issued an order later thatĭay granting the motion in part and staying the foreclosure sale referred to in the On January 6, 2020, Newstream filed its “Emergency Motion to Reviewĭenial of Supersedeas and for Temporary Order Staying Foreclosure PendingĪppeal.” Red Lion filed an opposition the same day. Lion Houston Holder, LLC (“Red Lion”) filed an opposition to the motion. Set a supersedeas bond and to stay the final judgment. Newstream Hotel Partner-IAH, LLC (“Newstream”) under a forum selection clause.įollowing the dismissal, Newstream filed an emergency motion in the trial court to This is an appeal from a judgment dismissing the lawsuit filed by plaintiff UC RED LION HOUSTON HOLDER, LLC AS SUCCESSOR IN NEWSTREAM HOTEL PARTNER-IAH, LLC, Appellant PER CURIAM Panel consists of Justices Wise, Jewell, and Poissant.Motion Denied, Stay Lifted, and Order filed April 14, 2020 Appellant's brief is currently due May 11, 2020. We DENY Newstream's motion challenging the trial court's supersedeas ruling and LIFT the stay issued in our Januorder. We conclude the trial court did not err in denying Newstream's motion to set supersedeas. App.-Houston 2014) (trial court did not err in declining to set supersedeas for take-nothing summary judgment "he judgment is not for the recovery of money or property, nor is there any other apparent interest of the judgment creditor that needs protection pending appeal."). proceeding) (per curiam) (trial court did not err in refusing to set supersedeas for judgment of dismissal) cf. See State By & Through State Highway & Pub. Enforcement of the judgment may not be suspended because there is nothing to enforce. Newstream is not a judgment debtor because there is no debt to be paid. The judgment here is a dismissal without prejudice. Rule 24 applies to five types of judgments: (1) for recovery of money, (2) for recovery of property, (3) for "something other than money or an interest in property," (4) involving conservatorship or custody, and (5) in favor of a governmental entity. The amount of security required depends on the type of judgment. Under Rule 24.1, "nless the law or these rules provide otherwise, a judgment debtor may supersede the judgment by" filing an agreement with the judgment creditor for suspending enforcement of the judgment, posting a bond, making a deposit in lieu of a bond, or providing alternate security as ordered by the court.
Texas Rule of Appellate Procedure 24 addresses suspension of enforcement of a judgment pending appeal in civil cases. To the extent the ruling turns on a question of law, our review is de novo. We review the trial court's supersedeas ruling for an abuse of discretion. We now turn to Newstream's motion for review of the trial court's supersedeas ruling. Due to events occurring during the abatement, Red Lion moved to dismiss the appeal as moot, and Newstream moved to continue the abatement period. On January 23, 2020, we abated the appeal for 60 days and referred the parties to mediation. We did not review the trial court's supersedeas ruling at that time. We issued an order later that day granting the motion in part and staying the foreclosure sale referred to in the motion. On January 6, 2020, Newstream filed its "Emergency Motion to Review Denial of Supersedeas and for Temporary Order Staying Foreclosure Pending Appeal." Red Lion filed an opposition the same day. The trial court denied the motion in its entirety. Defendant/appellee UC Red Lion Houston Holder, LLC ("Red Lion") filed an opposition to the motion. Following the dismissal, Newstream filed an emergency motion in the trial court to set a supersedeas bond and to stay the final judgment. This is an appeal from a judgment dismissing the lawsuit filed by plaintiff Newstream Hotel Partner-IAH, LLC ("Newstream") under a forum selection clause. On Appeal from the 269th District Court Harris County, Texas
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