Counter-Supersedeas

A group of investors (“FPH”) in a business (“FSG”) sought the appointment of a receiver to review and report on the finances of FSG. The trial court (1) agreed, and then (2) allowed FSG to supersede the order with a $10,000 bond while it took an interlocutory appeal, but then (3) allowed FPH to post a “counter-supersedeas bond” of $11,875 so that the receiver’s work could proceed during the interlocutory appeal. The Fifth Court found that “[TRAP] 24.2(a)(3) expressly permitted the trial court to allow FPH to post a counter-supersedeas bond,” and then found the bond amount to be appropriate in light of “[t]he fact that FSG continues to have sole control of its management” and the evidence presented about FSG’s financial situation. Five Star Global, LLC v. Hulme, No. 05-20-00940-CV (March 2, 2021).