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Filed - Supreme Court of Texas

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However, Stewart and Robert McCullough testified that the McCulloughs were not<br />

selling their assets.<br />

18. The <strong>Court</strong> finds that the McCulloughs' current net worth is $743,600.00.<br />

In making this finding, the <strong>Court</strong> has deducted from Defendant's liabilities reflected in<br />

their Financial Statement the following liabilities: (a) $365,000.00 represented in<br />

Defendants' Financial Statement as "Judgment Payable;" (b) $35,000.00 represented in<br />

Defendants' Financial Statement as "Income Taxes - Current Balance"; and (c)<br />

$18,000.00 represented in Defendants' Financial Statement as "Estimated Income Tax."<br />

19. The <strong>Court</strong> finds that it is not likely the McCulloughs will suffer substantial<br />

economic harm if required to post a total supersedeas bond <strong>of</strong> $371,800.00, which is 50%<br />

<strong>of</strong> $743,600.00.<br />

20. The McCulloughs have already posted $162,800.00 as a c~h deposit to<br />

supersede the Judgment. In order to post a supersedeas bond equal to 50% <strong>of</strong> the<br />

McCuUoughs' net worth, they will be required to post an additional bond or cash<br />

deposit <strong>of</strong> $209,000.00.<br />

21. The McCulloughs have sufficient unencumbered cash or Qther assets on<br />

hand to be able to post a bond or cash deposit for an additional $209,090.00. Without<br />

limitation, the McCulloughs have between $51,000.00 1 and $64,154.00 2 in cash,<br />

$312,900.00 in retirement accounts, and $100,000.00 in personal effects and jewe1ry. The<br />

I This amount was testified to by Robert McCullough at the hearing.<br />

llbis amount is listed in Defendants' Motion for Reduction <strong>of</strong>Cssh Deposit.<br />

ORDER ON SUPERSEDEAS BOND - PAGE 5<br />

335

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