Crae Robert Pease v. Federal National Mortgage Association a/k/a Fannie Mae--Appeal from County Court at Law No. 1 of Travis County (majority)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-12-00074-CV Crae Robert Pease, Appellant v. Federal National Mortgage Association a/k/a Fannie Mae, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, COUNTY COURT AT LAW NO. 1 NO. C-1-CV-11-012006, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING ORDER Appellant Crae Robert Pease filed a petition seeking a writ of prohibition to preclude the trial court from holding a hearing on the appellee s motion to modify the security necessary to suspend enforcement of the judgment while the case is pending on appeal. Pease contends that the trial court lacks jurisdiction to hold a hearing or modify the security required to supersede the judgment. [T]he trial court has continuing jurisdiction to . . . (1) order the amount and type of security and decide the sufficiency of sureties; and (2) if circumstances change, modify the amount or type of security required to continue the suspension of a judgment s execution. Tex. R. App. P. 24.3(a). We therefore deny the appellant s petition. It is so ordered October 4, 2012 _____________________________________________ J. Woodfin Jones, Chief Justice Before Chief Justice Jones, Justices Rose and Goodwin 2

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