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AMWEST SUR. INS. CO. v. GRAHAM

No. 04-95-00725-CV.

949 S.W.2d 724 (1997)

AMWEST SURETY INSURANCE COMPANY, Appellant, v. John Frank GRAHAM, Cherie Canion Graham, Leonel M. Valadez, and Zapata Ready Mix, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled July 1, 1997.

Attorney(s) appearing for the Case

Stephen K. Yungblut, Michelle I. Rieger, Wesly C. Maness, Ford & Nelson, P.C., Dallas, for Appellant.

H. Harman Camp, Selman & Camp, McAllen, Arturo A. Figueroa, Jr., County Attorney, Zapata, Susan Feller Heiligenthal, Bob Roberts, Law Offices of Bob Roberts, Austin, Arnulfo Gonzalez, Jr., Laredo, Christopher Fuller, Jane M. N. Webre, Scott, Douglass, Luton & McConnico, L.L.P., Austin, for Appellee.

Before LOPEZ, GREEN and DUNCAN, JJ.

OPINION

DUNCAN, Justice.

The issue presented in this appeal is whether a surety is liable on a supersedeas bond when the judgment for which the bond was issued is reversed on appeal for a procedural reason rather than on the merits. The trial court refused to release the supersedeas bond and instead ordered the surety to apply the proceeds of the bond to the new judgment that was rendered on remand. We reverse the trial court's order and render judgment...

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