Filed - Supreme Court of Texas

8. The McCulloughs have treated the judgment in this case as a contingent
liability as reflected in the Confidential Financial Statement attached as Exhibit B-5 to
the Affidavit of Robert L. McCullough.
9. The McCulloughs have filed a notice of appeal giving .notice of their
appeal from the July 14,2011, Judgment.
10. The McCulloughs have filed a docketing statement with the Dallas Court
o£ Appeals indicating their intent to appeal all awards made in the Judgment
11. . Robert McCullough testified in deposition and in open CQurt that he
intended to appeal the entire Judgment and seeks to invalidate the entire Judgment.
12. The McCuIloughs have not conceded that they owe any portion of the
Judgment.
13. The McCulloughs have failed to carry their burden of proving that
$365,000.00 of the Judgment entered in this case is a current liability of the
McCulloughs. The Court finds the Judgment in this case is not a probable liability the
amount of which can be reasonably estimated, applying applicable accounting
standards.
While the Court heard testimony that Defendants' counsel, Kathryn
Shilling, told Robert McCullough and the McCullough's CPA Thomas Stewart that it
was likely that the McCulloughs would owe Plaintiffs around $365,000.00 in this case,
the Court also heard Robert McCullough's testimony that he was appealing the entire
judgment, that he would not concede that he owes $365,000.00 to Plaintiffs and that he
has not filed an amended tax return reporting as income the money the jury found he
misappropriated from Plaintiffs. In making the above finding, the Court has considered
ORDER ON SUPERSEDEAS BOND - PAGE 3
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