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MIGA v. JENSEN

No. 07-0123.

299 S.W.3d 98 (2009)

Dennis L. MIGA, Petitioner, v. Ronald L. JENSEN, Respondent.

Supreme Court of Texas.

Decided October 23, 2009.

Rehearing Denied January 15, 2010.

Attorney(s) appearing for the Case

Jeffrey S. Levinger, Hankinson Levinger LLP, Ken Carroll, Carrington Coleman Sloman & Blumenthal, P. Jefferson Ballew, Scott P. Stolley, Thompson & Knight, Dallas, TX, Pamela Stanton Baron, Austin, TX, for Petitioner.

Joseph W. Spence, Shannon, Gracey, Ratliff & Miller, L.L.P., Fort Worth, TX, Claudia Wilson Frost, Pillsbury Withrop Shaw Pittman LLP, William H. Knull, III, Faride Teresa Garcia-Reyes, Rebecca Kerstiens Stewart, Mayer Brown Rowe & Maw LLP, J. Brett Busby, Warren W. Harris, Bracewell & Giuliani LLP, Houston, TX, for Respondent.

David M. Gunn, Beck, Redden & Secrest, L.L.P., Lynne Liberato, Mark Ryan Trachtenberg, Haynes and Boone, LLP, Houston, TX, Douglas W. Alexander, Alexander Dubose & Townsend, L.L.P., Austin, TX, Douglas Laycock, University of Michigan Law School, Ann Arbor, MI, for Amici Curiae.

Chief Justice JEFFERSON delivered the opinion of the Court.

A judgment debtor is entitled to supersede the judgment while pursuing an appeal; this defers payment until the matter is resolved but does not halt the accumulation of interest on the judgment. If the debtor rejects the supersedeas option and does not otherwise suspend enforcement, the creditor may execute on the judgment by seizing bank accounts or other property. To avoid seizure, the debtor may pay the...

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