Narrative Opinion Summary
FIA Card Services, N.A. (formerly MBNA, America Bank, N.A.) filed an emergency motion for stay and expedited review on April 23, 2007, regarding a restricted appeal from a judgment issued by the Hays County Court at Law on December 11, 2006. The appellee, Catherine V. Alloggio, had served post-judgment discovery on MBNA, due by April 24, 2007. MBNA contended it first became aware of the judgment upon receiving the discovery request on March 22, 2007, and is preparing a supersedeas bond to suspend enforcement of the judgment as permitted by Texas Rules of Appellate Procedure 24. The Court granted MBNA a temporary stay on its obligation to respond to the post-judgment discovery, effective until ten days from the date of the order. The ruling was issued on April 23, 2007, with Justices Puryear, Pemberton, and Waldrop presiding.
Legal Issues Addressed
Emergency Motion for Stay and Expedited Reviewsubscribe to see similar legal issues
Application: The court granted FIA Card Services a temporary stay on its obligation to respond to post-judgment discovery, allowing time to prepare a supersedeas bond.
Reasoning: The Court granted MBNA a temporary stay on its obligation to respond to the post-judgment discovery, effective until ten days from the date of the order.
Restricted Appeal Processsubscribe to see similar legal issues
Application: FIA Card Services initiated a restricted appeal due to alleged lack of awareness of the judgment until receiving a post-judgment discovery request.
Reasoning: FIA Card Services, N.A. (formerly MBNA, America Bank, N.A.) filed an emergency motion for stay and expedited review on April 23, 2007, regarding a restricted appeal from a judgment issued by the Hays County Court at Law on December 11, 2006.
Supersedeas Bond under Texas Rules of Appellate Procedure 24subscribe to see similar legal issues
Application: MBNA is utilizing the provision under Texas Rules of Appellate Procedure 24 to suspend enforcement of the judgment by preparing a supersedeas bond.
Reasoning: MBNA contended it first became aware of the judgment upon receiving the discovery request on March 22, 2007, and is preparing a supersedeas bond to suspend enforcement of the judgment as permitted by Texas Rules of Appellate Procedure 24.