ACCEPTED
03-13-00336-CV
4074401
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/9/2015 2:17:04 PM
JEFFREY D. KYLE
CLERK
NO. 03-13-00336-CV
FILED IN
IN THE COURT OF APPEALS 3rd COURT OF APPEALS
AUSTIN, TEXAS
FOR THE
2/9/2015 2:17:04 PM
THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
AT AUSTIN Clerk
R.D. TIPS, INC.,
Appellant,
v.
VIRGINIA JETT,
Appellee
Appeal from the 98th Judicial District Court
Travis County, Texas
The Honorable Rhonda Hurley, Presiding
MOTION TO INCREASE AMOUNT OF SUPERSEDEAS BOND
Eric J. Taube
State Bar No. 19679350
erict@hts-law.com
Congress Avenue, 18th Floor
Austin, Texas 78701
(512) 472-5997
(512) 472-5248 (Fax)
COUNSEL FOR APPELLEE
VIRGINIA JETT
8101-2\00474067.000 Page i
TO THE HONORABLE COURT OF APPEALS:
Pursuant to Texas Rule of Appellate Procedure 24.4, Appellee Virginia Jett
(“Ms. Jett”) files this Motion to Increase Amount of Supersedeas Bond, and
respectfully shows the court as follows:
1. On February 11, 2013, the 419th District Court of Travis County,
Texas, rendered judgment in favor of Ms. Jett and against Appellant R.D. Tips
(“Tips”) in the amount of $3,354,314.06 in actual damages; $85,000 in attorney’s
fees; $260 in court costs; and post-judgment interest at the rate of 5% (the
“Judgment”). In sum, as the record reflects, the “Supersedeas Bond Amount”
required was $3,611,552.76. See Clerk’s Record (“C.R.”), pp. 445-46.
2. On May 15, 2013, Tips filed its notice of appeal. C.R., p. 462.
Subsequently, on October 7, 2013, Tips suspended the judgment in this cause of
action by posting a supersedeas bond in the amount of $3,788,745.47 (the “Bond”)
with the trial court clerk. Supp. C.R., pp. 3-7.
3. Briefing before this Court was completed in November 2013, and the
case was calendared for decision without oral argument on December 23, 2013.
The Court’s docket does not reflect that the Court has taken any further action in
this matter since that date.
8101-2\00474067.000 Page 1
4. While the Bond was of sufficient amount when filed, it is no longer
sufficient, due to the continuing accumulation of interest. It will become
insufficient to cover the amount of the Judgment as of the month of February 2015.
5. Under Texas Rule of Appellate Procedure 24.4(b), this Court has
authority to review the trial court’s ruling concerning the sufficiency of the amount
of security, including based on conditions that change subsequent to the trial
court’s ruling.
6. Here, conditions have changed due to the accumulation of interest,
and as such, the amount of the bond is now plainly insufficient. Given the further
time likely to elapse before this appeal is fully and finally concluded and she is
able to collect on her nearly two-year-old judgment, Ms. Jett requests that the
amount of the Bond be ordered to increase by an amount sufficient to cover at least
nine additional months of accumulated interest.
7. Accordingly, Ms. Jett requests that this Court hear this motion “at the
earliest practicable time,” as per Texas Rule of Appellate Procedure 24.4(d), and
that the Court grant her the relief requested in the form of an increased bond
amount.
PRAYER FOR RELIEF
For the reasons stated above, Appellee Virginia Jett respectfully requests
that Tips be ordered to post a bond sufficient to cover the Judgment, including the
8101-2\00474067.000 Page 2
actual and anticipated accumulations of interest; and that, if Tips fails to do so, Ms.
Jett be permitted to pursue appropriate remedies to collect on her nearly two-year-
old Judgment. She also respectfully requests all other relief to which the Court
deems her justly entitled.
8101-2\00474067.000 Page 3
Respectfully submitted,
HOHMANN, TAUBE & SUMMERS, L.L.P.
By: /s/ Eric J. Taube
Eric J. Taube
State Bar No. 19679350
erict@hts-law.com
Congress Avenue, 18th Floor
Austin, Texas 78701
(512) 472-5997
(512) 472-5248 (Fax)
COUNSEL FOR APPELLEE
VIRGINIA JETT
CERTIFICATE OF CONFERENCE
Counsel for Ms. Jett conferred with opposing counsel concerning the matters
raised in this motion on February 5, 2015. The parties could not agree as to the
disposition of this matter; therefore, opposing counsel opposes the filing of this
motion.
/s/ Eric J. Taube
Eric J. Taube
8101-2\00474067.000 Page 4
CERTIFICATE OF SERVICE
The undersigned counsel certifies that this document was served via
telecopy on Appellant R.D. Tips, Inc.’s counsel in accordance with TEX. R. CIV. P.
21a on February 9, 2015.
Jonathan D. Pauerstein
ROSENTHAL PAUERSTEIN SANDOLOSKI AGATHER LLP
755 East Mulberry, Suite 200
San Antonio, Texas 78212
(210) 354-4034 (Fax)
/s/ Eric J. Taube
Eric J. Taube
8101-2\00474067.000 Page 5
R.D. Tips, Inc. v. Virginia Jett
Combined Opinion