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

> Texas Court of Appeals, 1st District (Houston) · February 21, 2008 · 265 S.W.3d 1

URL: https://www.frixlaw.com/law-library/cases/9630988

## Case

- **Full name:** ENVIROPOWER, L.L.C., Appellant, v. BEAR, STEARNS & CO., INC., Appellee
- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** February 21, 2008
- **Citations:** 265 S.W.3d 1; 2008 Tex. App. LEXIS 1366; 2008 WL 483666
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Keyes
- **Judges:** Evelyn v. Keyes
- **Cited by:** 30 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9630988

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9630988. Public record. Not legal advice.