Supersedeas Bonds and Other Appeal-Related Changes from H.B.4

Abstract

House Bill 4 amends Civil Practice and Remedies Code Chapter 52, making two significant changes in regard to suspending enforcement of a money judgment pending appeal. First, Chapter 52 is amended to no longer require a bond in the amount of entire judgment, plus interest and costs, but, instead, requires a bond in the amount of the compensatory damages awarded in the judgment, plus interest and costs. Second, the standard for lowering the bond is changed from one requiring a showing of irreparable harm to the judgment debtor to one requiring a showing of substantial economic harm to the judgment debtor.

House Bill 4 made two related changes in regard to Texas Supreme Court jurisdiction. First, the bill gives the Court jurisdiction in an appeal from an interlocutory trial court order certifying or refusing to certify a class. Second, it defines holds differently, which is the operative term for the Courts conflict jurisdiction. This paper will focus on the second of these two changes because construction-related class action litigation is rare.

1. Supersedeas Bond Requirements
1. Introduction
2. The Amount of the Bond
3. Lowering the Amount of the Bond
4. Applicability of New Supersedeas Bond Statute
5. Other than Money Judgments
2. Supreme Court Jurisdiction
1. Introduction
2. Constitutional and Statutory Basis for Supreme Court Jurisdiction
3. Court’s Application of its Conflict Jurisdiction
4. Legislative Changes to Court’s Conflict Jurisdiction

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