Narrative Opinion Summary
On December 20, 2019, the Court of Appeals for the Fifth District of Texas issued an order regarding the appeal of Commerce Street Capital, LLC against Durant Bancorp, Inc., among other appellees. The Court had previously granted the appellant's motion to withdraw its October 31, 2019, motion to increase security, deeming it premature, and allowed for the possibility of refiling. The appellant subsequently sought clarification on the November 12 order, requesting a deadline for filing a brief and motion to increase security following the receipt of the reporter’s and clerk’s record from an August 12, 2019 hearing. The Court clarified that the appropriate procedure for reviewing a trial court’s ruling on a motion to increase security is outlined in Texas Rule of Appellate Procedure 24.4(a). The appellant's request for a deadline was ultimately denied. The order was signed by Presiding Justice David L. Bridges.
Legal Issues Addressed
Appellant's Motion Withdrawalsubscribe to see similar legal issues
Application: The Court deemed the appellant's motion to increase security as premature, allowing for its withdrawal and potential refiling at a later stage.
Reasoning: The Court had previously granted the appellant's motion to withdraw its October 31, 2019, motion to increase security, deeming it premature, and allowed for the possibility of refiling.
Denial of Deadline Request for Appellant Briefsubscribe to see similar legal issues
Application: The Court denied the appellant's request for a deadline for filing a brief and motion to increase security following the receipt of the record from the hearing.
Reasoning: The appellant's request for a deadline was ultimately denied.
Procedure for Motion to Increase Securitysubscribe to see similar legal issues
Application: The Court outlined the appropriate procedure for reviewing a trial court’s ruling on a motion to increase security as per the Texas Rule of Appellate Procedure 24.4(a).
Reasoning: The Court clarified that the appropriate procedure for reviewing a trial court’s ruling on a motion to increase security is outlined in Texas Rule of Appellate Procedure 24.4(a).