Petition abated and remand ordered for the trial court to state its reasons for denying the relators' motion as it related to the supersedeas

ON PETITION FOR WRIT OF MANDAMUS
The real part in interest (RPI), the Texas State Board of Public Accountancy, suspended the accounting licenses of the relators. The relators obtained the trial court's judgment voiding those suspensions because of violations of the Open Meetings Act. Further, on the RPI's appeal from the judgment, the relators moved the trial court to deny the RPI the right to supersede the judgment pending appeal, pursuant to Texas Rule of Appellate Procedure 24.2(a)(3). The district court denied the relators’ motion and allowed the RPI to supersede the judgment, thus reinstating the license suspensions during the appeal. The appellate court affirmed the trial court's judgment. The instant court abated the petition and remanded the case to the trial court with instructions to prepare findings of fact and conclusions of law because neither was the court was able to fully consider those contentions as the trial court did not state its reasons for denying the relators’ motion nor did the court know whether it was of the opinion that state agencies were entitled to supersedeas as a matter of right, or whether it found, per the discretion provided by Rule 24.2(a)(3), supersedeas appropriate in the instant case. 

In re Bass, et al.
January 27, 2012
11-0245
Per Curiam
Areas of Practice: Appellate: Civil, Courts, Gov't/Administrative, Procedure
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