POPCAP GAMES, INC. v. MUMBOJUMBO, LLC

No. 05-10-00301-CV.

317 S.W.3d 913 (2010)

POPCAP GAMES, INC., Appellant v. MUMBOJUMBO, LLC; MumboJumbo Distribution, LLC f/k/a Texas United Distribution, LLC; Jay Dinucci; Mark Cottam; and Strategic Marketing Partners, Inc., Appellees.

Court of Appeals of Texas, Dallas.

July 30, 2010.


Attorney(s) appearing for the Case

Ben Taylor, Jason Keith Fagelman, Michael A. Swartzendruber, Oscar Rey Rodriguez, Fulbright & Jaworski, L.L.P., Dallas, for appellant.

Martin E. Rose, Steven Dominic Sanfelippo, Michael D. Richardson, Michael Ross Cunningham, Rose Walker, L.L.P., Dallas, for appellees.

Jonathan A. Pace, for Strategic Marketing Partners, Inc.

Before Chief Justice WRIGHT and Justices O'NEILL and MYERS.


OPINION

Opinion by Chief Justice WRIGHT.

The Court has before it appellant's motion to vacate the trial court's order declaring its supersedeas bond insufficient. For the reasons that follow, we grant the motion.

The underlying case involves claims for breach of contract and fraud. After filing its appeal, PopCap filed a supersedeas bond in the amount of $5,400,000, along with $20,000 additional security. Mumbo-Jumbo then filed a motion in the trial...

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