Filed - Supreme Court of Texas

6/10/11 - 7/8/11
7/9/11-8/10/11
8/11/11- 9/9/11
9/10/11 -10/7/11
TOTAL
$28,859.43
$25,402.94
$14.870.37
$24,469.83
$391,206.70
The Court further finds the average deposit per month made during this time period
was $26,080.45. The Court finds that the McCulloughs have sufficient demonstrated
earning capacity to pay for their living expenses and to maintain a very comfortable
standard of living. The Court finds that the McCulloughs will not have to invade their
earnings to post an additional $209,000.00 in security.
25. The Court finds that the McCulloughs have the ability to borrow money to
pay towards an additional $209,000.00 in security. Robert McCullough testified that he
has a line of credit loan with $44,000.00 in available credit. McCullough also testified
that he could borrow against his 401K retirement plan. Robert McCullough testified
that he has made no effort to borrow money to post security for the Judgment in this
case.
26. The Court has considered the economic impact the McCullough's will
experience if required to use their cash and other assets and available credit to pay an
additional $209,000.00 in security. The Court fmds that, considering all fuhds and loans
that are available to the McCulloughs, posting an additional $209,000.00 in security will
leave the McCulloughs with two homes, three cars, all of their personal effects and
jewelry, more than half of their retirement accounts and funds for litigation expenses
and substantial income to pay for living expenses and to maintain the McCullough's
standard of living.
The Court notes that during 2011, the McCulloughs gifted
ORDER. ON SUPERSEDEAS BOND - PAOE 7
337