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eBook details

• Title: Miller V. Kennedy & Minshew
• Author : Texas Court of Appeals
• Release Date : January 06, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Appellant William J. Miller ("Miller") seeks our review of the trial court's order holding his supersedeas bond insufficient. See Tex. R. App. P. 24.4. In two issues, Miller contends that the trial court erred by finding the supersedeas bond insufficient because there is no "basis in law or fact to reach such conclusion" and the trial court does not have "unbridled authority to determine and order the amount and the type of security and the sufficiency of sureties." *fn1 We hold that the trial court did not abuse its discretion. We remand the supersedeas issue to the trial court for entry of findings of fact concerning the action necessary by Miller to adequately protect appellees Kennedy & Minshew, P.C. and Robert W. Minshew (collectively referred to as "Minshew") during the pendency of Miller's appeal. See Tex. R. App. P. 24.4(d).

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