LMC COMPLETE AUTOMOTIVE, INC. v. Burke

261 S.W.3d 749, 2006 Tex. App. LEXIS 7692, 2006 WL 2506732

• Court: Court of Appeals of Texas
• Decided: August 31, 2006
• Docket: 01-06-00694-CV
• Status: Published

Opinion

ORDER

PER CURIAM.

Appellant LMC Automotive, Inc., has filed an emergency motion requesting that our court waive the security required to suspend enforcement of the judgment on appeal from the trial court in the above-referenced cause. See Tex.R.App. P. 24. Our court expedited consideration of the motion and requested a response. After reviewing the motion, the response, and the attached exhibits, we conclude that LMC has not demonstrated that it is entitled to relief. LMC did not provide a copy of the trial court’s order denying its request for a bond reduction, nor did it provide a record of the evidentiary hearing on the motion that took place in the trial court. Thus, we have an insufficient basis upon which to review the trial court’s decision. See Tex.R.App. P. 24.4 (providing for appellate review of the trial court’s order). In addition, LMC makes no showing that posting a bond to secure the judgment would cause it “substantial economic harm,” as required under the rule governing supersedeas bond reductions. See Tex. RApp. P. 24.2(b).

Accordingly, the motion to waive security to suspend enforcement of the judgment is DENIED.

It is so ORDERED.