Legal Opinion

National Convenience Stores, Inc. v. Martinez

Texas Court of Appeals, 1st District (Houston)

Decided January 26, 1989No. 01-88-00838-CVPublishedCited by 8 opinions

1Opinion of the Court

ORDER

2Per curiam

Appellees ask this Court to increase the supersedeas bond. They assert the posted supersedeas bond is insufficient for failure to include post-judgment interest. We agree and increase the supersedeas bond to include post-judgment interest for 18 months at the rate of 10 percent.

Tex.R.App.P. 47(b) requires a super-sedeas bond to be at least in an amount of the judgment, interest and costs. A super-sedeas bond that does not include interest is “patently ineffective.” Cooper v. Bowser, 583 S.W.2d 805, 807 (Tex.Civ.App.—San Antonio 1979, no writ). The superse-deas bond filed by appellant is…

3Cases cited2 opinions

  1. Cooper v. BowserCourt of Appeals of Texas · 1979
  2. Kennesaw Life & Accident Insurance Co. v. StreetmanCourt of Appeals of Texas · 1983

4Cited by8 opinions

  1. Fairways Offshore Exploration, Inc. v. Patterson Services, Inc., Texas Court of Appeals, 1st District (Houston)2011
  2. Lowe v. Monsanto Co., Texas Court of Appeals, 8th District (El Paso)1998
  3. Gullo-Haas Toyota v. DAVIDSON EAGLESSON, Texas Court of Appeals, 1st District (Houston)1992
  4. Texas Employers' Insurance Ass'n v. EngelkeCourt of Appeals of Texas · 1990
  5. Dernick Resources, Inc. v. David Wilstein and Leonard Wilstein, Individually and as Trustee of the Leonard and Joyce Wilstein Revocable Trust, Texas Court of Appeals, 1st District (Houston)2015

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