holding that when the book value of assets was not disputed, the trial court abused its discretion in setting a supersedeas bond amount that disregarded the book value
How later courts described this case
- holding that when the book value of assets was not disputed, the trial court abused its discretion in setting a supersedeas bond amount that disregarded the book value
- defining "current net worth" under rule of appellate procedure 24.2 as "total current assets minus ... total current liabilities" (emphasis added)
- abuse-of-discretion test depends on arbitrary or unreasonable action by trial court
Written by the judges who cited it.
The opinion
EVELYN V. KEYES, Justice.
We vacate the trial court’s order that set EnviroPower’s supersedeas bond at $200,000 and ORDER the trial court to conduct a hearing to determine the appropriate amount of a bond or alternate security, if any, under current conditions in accordance with this Court’s opinion. 1 See Tex.R.App. P. 24.3, 24.4(d).
En banc consideration was requested. Tex.R.App. P. 49.7.
A majority of the justices of the Court voted in favor of reconsidering the case en banc. See id.
The en banc Court on reconsideration consists of Chief Justice RADACK and *2 Justices TAFT, NUCHIA, JENNINGS, KEYES, ALCALA, HANKS, HIGLEY, and BLAND.
Justice KEYES, writing for the majority of the en banc Court, joined by Chief Justice RADACK and Justices JENNINGS, ALCALA, HIGLEY, and BLAND.
Justice BLAND, joined by Justice JENNINGS, specially concurring with the opinion of the en banc Court. See id.
. We have detailed the reasons for this order in an en banc opinion. See EnviroPower, L.L.C. v. Bear, Stearns & Co., Inc., 01-04-01111-CV, 265 S.W.3d 1 , 2008 WL 483666 (Tex.App-Houston [1st Dist.] 2008, no pet. h.).