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IMAGINE GROUP v. BOARDWALK MOTOR CARS, LLC

No. 05-11-01119-CV.

356 S.W.3d 716 (2011)

IMAGINE AUTOMOTIVE GROUP, INC., Imagine Automotive Group, I., L.P., Ecarlink, L.P., Ecarlink GP, Inc., Brett Stacy, and Len Critcher, Appellants, v. BOARDWALK MOTOR CARS, LLC (f/k/a Boardwalk Motor Cars, Ltd.), d/b/a Boardwalk Porsche (formerly The Porsche Store), Boardwalk Automobiles, LLC (f/k/a Boardwalk Automobiles, Ltd.), d/b/a Boardwalk Audi (formerly The Audi Store), Boardwalk Transportation LLC (f/k/a Boardwalk Transportation L.P.), d/b/a Boardwalk Volkswagen, Appellees.

Court of Appeals of Texas, Dallas.

November 8, 2011.

Attorney(s) appearing for the Case

Kirk L. Pittard , F. Leighton Durham III , Kelly, Durham & Pittard, LLP, Charles W. McGarry , Law Office of Charles W. McGarry, Dallas, TX, Peter Michael Kelly , Kelly, Durham & Pittard, LLP, Houston, TX, Marquette William Wolf , Ted B. Lyon & Associates, Mesquite, TX, for Appellants.

Stephen F. Malouf , Johnathan Nockles, Sarah Shulkin, Malouf & Nockels, Georganna L. Simpson , Jeremy C. Martin , Simpson Martin, LLP, Dallas, TX, for Appellees.

Before Chief Justice WRIGHT and Justices FRANCIS and LANG-MIERS.

OPINION ON MOTION TO REVIEW SUFFICIENCY OF AMOUNT OF SECURITY

Opinion By Chief Justice WRIGHT.

The issue before us in this motion to review sufficiency of amount of security is whether attorney's fees awarded pursuant to the Texas Theft Liability Act must be included in the amount of security posted to suspend enforcement of the judgment pending appeal. See TEX. CIV. PRAC. & REM.CODE ANN. § 52.001, 52.006(a) (West 2008); TEX.R.APP. P. 24...

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