Legal Opinion · Concurrence

Reyes v. Credit Based Asset Servicing & Securitization Ex Rel. Pledged Property II LLC

Texas Court of Appeals, 4th District (San Antonio)

Decided December 14, 2005No. 04-05-00201-CVPublished

1Concurrence

Concurring opinion

by SARAH B. DUNCAN, Justice.

In his second issue, Reyes argues “the trial court erred by setting a supercedeas [sic] bond without taking evidence and without a record of the hearing.” The majority does not address the merits of either aspect of Reyes’s issue, holding instead that, “to preserve the error” in “the court reporter’s failure to transcribe the proceedings” of the supersedeas bond hearing, Reyes was required to “object[] [to] the court reporter’s failure to make a record.”1 This holding, however, not only fails to dispose of Reyes’s first complaint, it fails to…

2Cases cited6 opinions

  1. Michiana Easy Livin' Country, Inc. v. HoltenTexas Supreme Court · 2005
  2. In Re BellTexas Supreme Court · 2002
  3. Nabelek v. District Attorney of Harris County, Texas Court of Appeals, 14th District (Houston)2006
  4. Tanguma v. State, Texas Court of Appeals, 13th District2001
  5. Polasek v. State, Texas Court of Appeals, 1st District (Houston)2000

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