Hill v. Fourteenth Court of Appeals

This is an original mandamus proceeding arising out of an election contest. The issue is whether the trial court has discretion to deny a contestee’s motion for super-sedeas bond. In a prior original proceeding, the court of appeals held that the trial court had no discretion in the matter and directed the trial court to allow the contes-tee to post a supersedeas bond. We hold that TEX.R.CIV.P. 364(f) authorizes the trial court, in its sound discretion, to decline to permit the judgment in an election contest to be suspended.

In the general election of November, 1984, Ronnie Miller was elected…