Surely, include the surety – UPDATED

January 12, 2022

The Fifth Court recently recalled a mandate and amended its own judgment to include the surety on a supersedeas bond as an additional party. The motion primarily cited Whitmire v. Greenridge Place Apts., 333 S.W.3d 255, 260-61 (Tex. App. – Houston [1st Dist.] 2010, pet. dism’d w.o.j.). A big 600Commerce thanks to Ben Taylor for pointing out this order to me (and correcting the pet. history on my original post)