Order entered January 29, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01215-CV
HIGHLAND CAPITAL MANAGEMENT, L.P., Appellant
V.
PATRICK DAUGHERTY, Appellee
On Appeal from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 12-04005
ORDER
Appellant Highland Capital Management initiated this appeal by filing a notice of appeal
in which it sought to appeal the trial court’s September 15, 2014 Order on Plaintiff’s Motion to
Strike Supersedeas Bond and to Require Sufficient Security. Appellant indicated on its
docketing statement that its appeal was an appeal of an interlocutory order, causing this case to
be designated as an accelerated appeal in the court’s case management system. Separately,
Patrick Daugherty, Highland Capital Management, and Highland Employee Retention Assets
LLC filed notices of appeal or notices of cross appeal from the trial court’s final judgment in the
case that were docketed as an appeal distinct from Highland Capital Management’s appeal
concerning the supersedeas bond and assigned the cause number 05-14-01283.
On October 22, 2014 the Court rendered its opinion with regard to Highland Capital
Management’s challenge to the supersedeas bond. Concurrently, the Court consolidated the
cause number 05-14-01283 into this cause number. Thus, the remaining issues in this appeal
concern the trial court’s final judgment.
Although the case is designated as an accelerated appeal in the Court’s case management
system, the clerk’s record reveals the case is an appeal from a final judgment. Accordingly, the
Court DIRECTS the clerk’s office to remove the designation of this case as an accelerated
appeal. The Court ORDERS the parties to file their briefs in this case in accordance with the
requirements of rule 38.6 of the Texas Rules of Appellate Procedure for ordinary appeals from
final judgment.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE
Highland Capital Management, L.P. v. Patrick Daugherty
Combined Opinion