Page i 

NO. 03-13-00336-CV 

 

IN THE COURT OF APPEALS 

FOR THE 

THIRD DISTRICT OF TEXAS 

AT AUSTIN 

 

R.D. TIPS, INC., 

Appellant, 

v. 

VIRGINIA JETT, 

Appellee 

 

Appeal from the 98th Judicial District Court 

Travis County, Texas 

The Honorable Rhonda Hurley, Presiding 

 

MOTION FOR JUDGMENT AGAINST SURETY 

 

 Eric J. Taube 

 State Bar No. 19679350 

etaube@taubesummers.com

Taube Summers Harrison Taylor Meinzer Brown LLP 

100 Congress Avenue, Suite 1800 

Austin, Texas 78701 

Telephone: (512) 472-5997 

Telecopier: (512) 472-5248 

COUNSEL FOR APPELLEE VIRGINIA JETT 

ACCEPTED

03-13-00336-CV

5132381

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/4/2015 10:16:48 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/4/2015 10:16:48 AM JEFFREY D. KYLE Clerk
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TO THE HONORABLE COURT OF APPEALS: 

Pursuant to Texas Rule of Appellate Procedure, Appellee Virginia Jett (“Ms. 

Jett”) files this Motion for Judgment Against Surety, and respectfully shows the 

court as follows: 

Background 

1. On February 11, 2013, the 419th District Court of Travis County, 

Texas, rendered judgment in favor of Ms. Jett and against Appellant R.D. Tips 

(“Tips”) in the amount of $3,354,314.06 in actual damages; $85,000 in attorney’s 

fees; $260 in court costs; and post-judgment interest at the rate of 5% (the 

“Judgment”). 

2. On October 7, 2013, Tips suspended the Judgment by posting a 

supersedeas bond in the amount of $3,788,745.47. The surety of such bond was 

named as SureTec Insurance Company, a company organized under the laws of the 

State of Texas. 

3. This Court unanimously affirmed the Judgment on April 9, 2015. The 

Court denied Tips’ Motion for Rehearing on April 29, 2015. 

4. On April 30, 2015, Ms. Jett filed a Motion to Expedite the Mandate, 

which is pending before this Court. 
 Page 3 

5. Now, Ms. Jett requests that this Court grant her judgment against 

Tips’ surety, both for the original Judgment amount and for the costs that have 

been awarded her. 

Argument and Authorities 

6. Under Texas Rule of Appellate Procedure 43.5, “When a court of 

appeals affirms the trial court judgment . . . the court of appeals must render 

judgment against the sureties on the appellant's supersedeas bond, if any, for the 

performance of the judgment and for any costs taxed against the appellant.” 

7. The Court affirmed the trial court judgment in this case. The Court’s 

April 9, 2015 judgment does not appear to include the requested judgment against 

the sureties. 

8. In accordance with paragraph 44 of the Court’s “Practice Before the 

Court” instructions,1

 Ms. Jett prayed in her brief for rendition of judgment against 

the surety on Appellant’s supersedeas bond. In particular, in her brief filed on 

November 21, 2013, Appellee stated as follows: “Ms. Jett further requests that this 

Court render judgment for her against the sureties on Appellant R.D. Tips, Inc.'s 

supersedeas bond.” Response Br. of Appellee Virginia Jett, at 43 (Section VI: 

Conclusion and Prayer). 

 

1

 See Texas Judicial Branch, Third Court of Appeals, “Practice Before the Court,” 

http://www.txcourts.gov/3rdcoa/practice-before-the-court.aspx#supersedeas-bond. 
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9. Now, believing the relief requested is warranted under the Texas 

Rules of Appellate Procedure and this Court’s practice guidelines, Ms. Jett 

reiterates her request that this Court grant her judgment against the surety for the 

amount of the judgment against Tips and for the costs that have been awarded her. 

PRAYER FOR RELIEF 

For the reasons stated above, Appellee Virginia Jett respectfully requests 

that this Court (i) grant judgment against the surety for the performance of the 

district court Judgment and for the costs that have been awarded her, and (ii) grant 

her all other relief to which the Court deems her justly entitled. 

 
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Respectfully submitted, 

TAUBE SUMMERS HARRISON TAYLOR MEINZER BROWN LLP 

By: /s/ Eric J. Taube 

 Eric J. Taube 

 State Bar No. 19679350 

etaube@taubesummers.com

 Douglas A. Fohn 

 State Bar No. 24036578 

dfohn@taubesummers.com 

Christopher G. Bradley 

State Bar No. 24069407 

cbradley@taubesummers.com 

Andrew Preston Vickers 

State Bar No. 24084021 

avickers@taubesummers.com 

100 Congress Avenue, Suite 1800 

Austin, Texas 78701 

Telephone: (512) 472-5997 

Telecopier: (512) 472-5248 

ATTORNEYS FOR APPELLEE VIRGINIA JETT 

 
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TEX. R. APP. P. 9.4(I)(3) CERTIFICATION 

Pursuant to TEX. R. APP. P. 9.4, I hereby certify that this Motion contains 

774 words. This is a computer-generated document created in Microsoft Word, 

using 14-point typeface for all text. In making this certificate of compliance, I am 

relying on the word count provided by the software used to prepare the document. 

 /s/ Eric J. Taube 

 Eric J. Taube 

CERTIFICATE OF CONFERENCE 

 Counsel for Ms. Jett attempted to confer with opposing counsel concerning 

the matters raised in this motion on May 1, 2015, but was unable to do so. 

 /s/ Eric J. Taube 

 Eric J. Taube 

CERTIFICATE OF SERVICE 

 The undersigned counsel certifies that this document was served via 

telecopy on Appellant R.D. Tips, Inc.’s counsel in accordance with TEX. R. CIV. P. 

21a on May 4, 2015. 

Jonathan D. Pauerstein 

ROSENTHAL PAUERSTEIN SANDOLOSKI AGATHER LLP 

755 East Mulberry, Suite 200 

San Antonio, Texas 78212 

(210) 354-4034 (Fax) 

 /s/ Eric J. Taube 

 Eric J. Taube