Texas Supreme Court hears whether $25 million appellate bond cap can be multiplied for multiple defendants

At oral argument before the Supreme Court of Texas, attorneys debated whether the $25,000,000 statutory cap on supersedeas bonds can be multiplied when there are multiple judgment debtors named in a single judgment. Miss Johnson, counsel for the relator Enric Greystar Development and Construction, told the court that the statute’s text, structure and purpose show the cap applies per judgment rather than per defendant: “The issue in this case is whether the $25,000,000 statutory cap on supercedious bonds can be multiplied when there are multiple judgment debtors and a massive judgment?”

Why it matters: The court’s interpretation will determine how much security defendants must post to suspend enforcement of large money judgments while appealing, affecting collection efforts, settlement pressure and the practical ability of corporate defendants to pursue appellate review.

Counsel for the relator argued the statutory definition of “security” and the cross-reference structure in chapter 52 of the Texas Civil Practice and Remedies Code…