Oklahoma Surety Company v. Steve Noviello, Assignee of Metro Townhomes & Homes, Inc. and Metro Townhomes Limited Partnership

• Court: Court of Appeals of Texas
• Decided: January 7, 2015
• Docket: 05-13-01546-CV
• Status: Published

Opinion

Order entered January 6, 2015

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01546-CV

OKLAHOMA SURETY COMPANY, Appellant/Cross-Appellee

V.

STEVE NOVIELLO, ASSIGNEE OF METRO TOWNHOMES & HOMES, INC. AND METRO TOWNHOMES LIMITED PARTNERSHIP, Appellee/Cross-Appellant

On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. 10-00335

ORDER On December 29, 2014, this Court issued its opinion and judgment in this case and

ordered that appellant/cross-appellee recover the costs of this appeal from appellee/cross-

appellant.

On December 31, 2014, appellant/cross-appellee filed an unopposed motion to release

supersedeas bond and discharge principal and surety. Appellant/cross-appellee advised that it

posted a supersedeas bond on December 16, 2013 obligating it as principal and Mid-Continent

Casualty Company as surety for the compensatory damages plus costs awarded by the trial court.

The supersedeas bond was not included in our appellate record. However, a copy of the filed

supersedeas bond is attached to appellant/cross-appellee’s motion. We therefore GRANT appellant/cross-appellee’s motion. We ORDER that the

obligations of Oklahoma Surety Company as principal and Mid-Continent Casualty Company as

surety on appellant/cross-appellee’s supersedeas bond are DISCHARGED.

/s/ DAVID EVANS JUSTICE