Justin D. Burgess v. Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust, Not Individually but as Trustee for Pretium Mortgage Acquisition Trust

Order entered December 31, 2018

In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00654-CV

JUSTIN D. BURGESS, Appellant

V.

WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT
INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION
TRUST, Appellee

On Appeal from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-17-00664-B

ORDER
Before the Court is appellant’s December 28, 2018 emergency motion to cap security on

appeal at $15,000 and to refund funds posted in excess of that amount. We review the trial

court’s determination of the amount of security under an abuse-of-discretion standard. G.M.

Houser, Inc. v. Rodgers, 204 S.W.3d 836, 840 (Tex. App.—Dallas 2006, no pet.). Appellant

states the order was based on an agreement in open court between the parties and that there is not

a reporter’s record of the hearing containing the agreement. We conclude appellant has not

shown the trial court abused its discretion by signing the order setting the amount of security.
 Accordingly, we DENY appellant’s motion without prejudice to refile after seeking relief

in the trial court pursuant to Rule of Appellate Procedure 24.3(a).

/s/ LANA MYERS
JUSTICE