Filed - Supreme Court of Texas

TO THE HONORABLE JUSTICES OF THE TEXAS SUPREME COURT:
Real Parties in Interest Scarbrough, Medlin & Associates, Inc. and Scarbrough,
Medlin & Associates Financial Services, Inc. (collectively “SMA”) oppose Relators'
Amended Emergency Motion for Temporary Relief (the “Amended Motion”), and in
support of their opposition show as follows:
I. SUMMARY OF RESPONSE
The McCulloughs did not show that temporary relief is necessary to preserve
their rights or is just under the circumstances, the standard by which this Court must
evaluate their request. The McCulloughs did not show that they cannot preserve their
right to supersede the judgment by posting the additional $209,000.00 in security
required by the trial court. The trial court and the Fifth Court of Appeals both already
concluded that the McCulloughs would not suffer substantial economic harm if
required to post the additional security. The Court should deny the Amended Motion.
II. FACTUAL BACKGROUND 1
A. Proceedings in the Trial Court
On August 16, 2011, the McCulloughs filed affidavits of net worth with the trial
court. The affidavits showed a net worth of $325,600.00. In arriving at their net worth,
the McCulloughs included $365,000.00 of the $1.2 million judgment liability and two
amounts for taxes, $35,000.00 and $18,000.00. The McCulloughs deposited $162,800.00
with the clerk of the court in lieu of a supersedeas bond, representing 50% of the
McCulloughs’ claimed net worth.
1 The facts stated in this Factual Background section and elsewhere are supported by the attachments
hereto and the verification of SMA’s counsel at the end of this Response.
1