Caps.

The classic children’s book “Caps for Sale” involved a peddler who had many caps. So too, section 52.006 of the Texas Civil Practice & Remedies Code, which caps the amount of a supersedeas bond at $25 million, but as to which “[t]here is a split of authority on whether the $25 million statutory cap … applies per individual judgment debtor or per judgment.”

In Greystar Devel. & Constr., L.P. v. Williams, the Fifth Court held that the cap applies per debtor, joining the Tyler Court of Appeals in so holding, but diverging from the analysis of the San Antonio Court of Appeals. Review by the state supreme court seems likely on this important but elusive issue of statutory interpretation. No. 05-23-001168-CV (April 10, 2024).