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Cynthia Ann Mitsch Bearden v. Jared Leclair

Citation: Not availableDocket: 02-20-00177-CV

Court: Court of Appeals of Texas; August 11, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the Second Appellate District of Texas affirmed the judgment of the 235th District Court of Cooke County in the case of Cynthia Ann Mitsch Bearden v. Jared Leclair. The court found no error in the trial court’s decision and ordered Bearden to pay all appellate costs. Furthermore, it mandated that Leclair recover the amount awarded by the trial court from Bearden’s cash deposit of $989,100, which was held in lieu of a supersedeas bond. Justice Elizabeth Kerr signed the memorandum opinion.

Legal Issues Addressed

Affirmation of Lower Court Judgment

Application: The Court of Appeals affirmed the trial court’s decision, indicating agreement with the lower court's judgment and findings.

Reasoning: The Court of Appeals for the Second Appellate District of Texas affirmed the judgment of the 235th District Court of Cooke County in the case of Cynthia Ann Mitsch Bearden v. Jared Leclair.

Award of Appellate Costs

Application: The appellate court required Bearden to pay all costs associated with the appeal.

Reasoning: The court found no error in the trial court’s decision and ordered Bearden to pay all appellate costs.

Recovery from Cash Deposit in Lieu of Supersedeas Bond

Application: The court allowed Leclair to recover the awarded amount from Bearden’s cash deposit, which served as a replacement for a supersedeas bond.

Reasoning: Furthermore, it mandated that Leclair recover the amount awarded by the trial court from Bearden’s cash deposit of $989,100, which was held in lieu of a supersedeas bond.