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IT IS TIiEREFORE ORDERED that Defendants shall post additional security in the amount of 5209,000.00, provided that enforcement of the Judgment will be suspended for twenty days after the date of this Order. Should Defendants post the additional security required herein within such twenty day period, enforcement of the Judgment is stayed. Should Defendants not post the additional security required. herein within such twenty day period, the Judgment may be enforced against the Defendants. It is further ORDERED that the Post-Judgment Injunction entered on October 6, 2011, is hereby modified to exclude from the injunction payment of attorney's fees and expert's fees, and as modified, the Post-Judgment Injunction is continued in effect until further Order of the Court. Signed this -tb- day of December, 2 ORDER ON SUPERSEDEAS BOND - PAGE 9 339
No. 05-11-01303-CV IN THE COURT OF APPEALS FIFTH DISTRICT OF TEXAS AT DALLAS ROBERT L. AND JULIA T. McCULLOUGH, Appellants V. SCARBROUGH, MEDLIN AND ASSOCIATES, INC. and SCARBROUGH, MEDLIN & ASSOCIATES FINANCIAL SERVICES, INC., Appellees On Appeal from the 416 th District Court Collin County, Texas Trial Court Cause No. 416-02008-2009 APPELLEES’ RESPONSE TO MOTION TO REVIEW ORDER ON SUPERSEDEAS BOND TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: Appellees Scarbrough, Medlin & Associates, Inc. and Scarbrough, Medlin & Associates Financial Services, Inc. ( collectively “SMA”) hereby respond to the Motion to Review Order on Supersedeas Bond (the “Motion to Review”) filed by Appellants Robert L. McCullough (“McCullough”) and Julia T. McCullough (collectively the “McCulloughs”), and in support thereof show as follows:
Page 1 and 2: NO. 12-0454 IN THE SUPREME COURT OF
Page 3 and 4: SMA contested the McCullough’s cl
Page 5 and 6: III. ARGUMENT & AUTHORITIES The McC
Page 7 and 8: and, as a result, the judgment is n
Page 9 and 10: On June 6, 2012, the McCulloughs fi
Page 11 and 12: including the testimony of Robert M
Page 13 and 14: effectively supersede the judgment
Page 15 and 16: NO. 12-0454 IN THE SUPREME COURT OF
Page 17 and 18: SWORN TO AND SUBSCRIBED before me o
Page 19 and 20: Order issued Febrwu'y 7 , 2012 lJii
Page 21 and 22: Thompson, Dishict Clerk of Collin C
Page 23 and 24: 2. On August 25, 2011, Plaintiffs f
Page 25 and 26: the circumstances existing at the t
Page 27 and 28: "'all" McCulIoughs have additional
Page 29: $90,000.00 of their assets to third
Page 33 and 34: amounts for future income taxes, $3
Page 35 and 36: S.W.2d 629, 635 (Tex. 1986) (citing
Page 37 and 38: (i) Anderton compels exclusion of t
Page 39 and 40: has not done so. 19 And, the McCull
Page 41 and 42: have been counted as a liability fo
Page 43 and 44: liability is “reasonably possible
Page 45 and 46: While Melton’s testimony provides
Page 47 and 48: unknown. 61 Shilling did not tell S
Page 49 and 50: Other than some additional depositi
Page 51 and 52: McCulloughs are appealing the entir
Page 53 and 54: the misappropriated funds. 80 Stewa
Page 55 and 56: Once the contest is resolved and th
Page 57 and 58: overwhelming weight of the evidence
Page 59 and 60: testimony. 97 The trial court also
Page 61 and 62: Second, the McCulloughs argue that
Page 63 and 64: judgment debtor. It is only substan
Page 65 and 66: asset to pay litigation costs, they
Page 67 and 68: personal effects and jewelry, more
Page 69 and 70: McCulloughs to post an additional $
Page 71 and 72: CAUSE NO. 416-02008-2009 SCARBROUGH
Page 73 and 74: ---_.......----..............- __ _
Page 75 and 76: However, Stewart and Robert McCullo
Page 77 and 78: 6/10/11 -7/8/11 7/9/11-8/10/11 8/11
Page 79 and 80: IT IS THEREFORE ORDERED that Defend
Page 81 and 82:
326 S.W.3d 725, *; 2010 Tex. App. L
Page 83 and 84:
MR. AND MRS. ROBERT MCCULLOUGH FINA
Page 85 and 86:
ACCOUNTANTS' COMPILATION REPORT Mr.
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NOTE A - BASIS OF ACCOUNTING MR.AND
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Docket Sheet for: 05-11-01303-CV of
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Docket Sheet for: 05-11-01303-CV of
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Search http://apps.collincountytx.g
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