ENVIROPOWER, LLC v. Bear, Stearns & Co., Inc.
Full Opinion (html_with_citations)
We vacate the trial court’s order that set EnviroPower’s supersedeas bond at $200,000 and ORDER the trial court to conduct a hearing to determine the appropriate amount of a bond or alternate security, if any, under current conditions in accordance with this Court’s opinion.
En banc consideration was requested. Tex.R.App. P. 49.7.
A majority of the justices of the Court voted in favor of reconsidering the case en banc. See id.
Justice KEYES, writing for the majority of the en banc Court, joined by Chief Justice RADACK and Justices JENNINGS, ALCALA, HIGLEY, and BLAND.
Justice BLAND, joined by Justice JENNINGS, specially concurring with the opinion of the en banc Court. See id.
. We have detailed the reasons for this order in an en banc opinion. See EnviroPower, L.L.C. v. Bear, Stearns & Co., Inc., 01-04-01111-CV, 265 S.W.3d 1, 2008 WL 483666 (Tex.App-Houston [1st Dist.] 2008, no pet. h.).