Nobel Leaf Holdings, LLC v. First United Bank

• Court: Court of Appeals of Texas
• Decided: May 16, 2022
• Docket: 07-22-00145-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo ________________________

No. 07-22-00145-CV ________________________

NOBEL LEAF HOLDINGS, LLC, APPELLANT

V.

FIRST UNITED BANK, APPELLEE

On Appeal from the 64th District Court Castro County, Texas Trial Court No. A10796-2203; Honorable Danah L. Zirpoli, Presiding

May 16, 2022

ORDER GRANTING TEMPORARY STAY

Before PIRTLE and PARKER and DOSS, JJ.

Appellant, Nobel Leaf Holdings, LLC, filed an interlocutory appeal asking this court

to review the trial court’s April 29, 2022 temporary injunction prohibiting it from interfering

with the possessory rights in certain collateral of Appellee, First United Bank. Pursuant

to that temporary injunction, First United Bank sought to take possession of that collateral

pending final resolution of its claims against Nobel Leaf Holdings, LLC. In response, Nobel Leaf Holdings, LLC filed this appeal and sought a temporary stay. On May 13,

2022, pending a meaningful review and consideration of the request for a temporary stay,

this court issued a letter ruling to preserve the status quo granting a temporary stay

awaiting further orders of this court.

Upon further consideration, it is the order of this court that on Appellant’s filing with

the district clerk below an appropriate bond in the amount of $1,000, Nobel Leaf Holdings,

LLC’s Emergency Motion for Temporary Relief and Motion for Stay shall be granted and

that pending final disposition on the merits, First United Bank shall be prohibited from

seizing any assets of Nobel Leaf Holdings, LLC without its prior express written consent.

Any express written consent must adequately describe the property being seized and be

filed with the clerk of this court in order to be valid. Furthermore, it is ordered that the

letter ruling of May 13, 2022, shall expire on the filing of the above-referenced bond or

ten days from the date of this order, whichever occurs first.

Per Curiam