NUMBER 13-12-00359-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
MIRTA ZORRILLA, Appellant,
v.
AYPCO CONSTRUCTION II, LLC Appellees.
AND JOSE LUIS MUNOZ,
On appeal from the 370th District Court
of Hidalgo County, Texas.
ORDER
Before Chief Justice Valdez and Justices Rodriguez and Vela
Order Per Curiam
On September 14, 2012, appellant, Mirta Zorrilla,1 filed a “Motion for Review of
Supersedeas Amount and Request for Emergency Temporary Relief.” By this motion,
she requests that we (1) stay enforcement of and execution on the underlying judgment,
including staying all post-judgment discovery; (2) allow her to post supersedeas in the
amount of $119,658.22; and (3) review the supersedeas amount ordered by the trial
1 Appellant’s name is alternately spelled “Zorrilla” in some of the pleadings underlying this appeal
and “Zorilla” in others.
court as excessive. See generally TEX. R. APP. P. 24.4. Having examined and fully
considered the motion, we conclude that this motion should be carried with the case in
part, denied in part, and granted in part, as specifically ordered herein.
Appellant’s request for emergency temporary relief is hereby GRANTED IN
PART AND DENIED IN PART. We GRANT this request insofar as the order issued by
the trial court requiring supersedeas in the amount of $265,158.21 is hereby ordered
STAYED. Appellant has offered to supersede the judgment in the amount of
$119,658.22 upon the issuance of a stay and pending our review of this issue, and we
direct her to proceed in accordance with this suggestion. We DENY the requested stay
to the extent that appellant’s request for a stay encompasses post-judgment discovery.
The Court requests that appellees, AYPCO Construction II, L.L.C. and Jorge Luis
Munoz, file a response to the motion for review of supersedeas amount within ten days
from the date of this order. Appellant’s motion for review of supersedeas amount will be
CARRIED WITH THE CASE pending review of the response and further order of the
Court.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
14th day of September, 2012.
2