Opinion

ENVIROPOWER, LLC v. Bear, Stearns & Co., Inc.

  • 265 S.W.3d 1
  • 2008 Tex. App. LEXIS 1366
  • 2008 WL 483666
Court
Texas Court of Appeals, 1st District (Houston)
Filed
Feb 21, 2008
Status
Published
Author
Keyes
On the bench
Evelyn v. Keyes
Cited by
30 cases
Authority
More cited than 87.8%

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.).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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