in the Matter of Bumstead Family Irrevocable Trust
Summary of the case in the Matter of Bumstead Family Irrevocable Trust
The Court of Appeals for the Thirteenth District of Texas reviewed an emergency motion related to the Bumstead Family Irrevocable Trust. The court granted in part and denied in part the appellants' motion for an emergency stay and remand. The court maintained the status quo pending appeal, emphasizing the connection between the emergency motion and the appeal's merits.
Key Issues of the case in the Matter of Bumstead Family Irrevocable Trust
- Emergency stay request
- Status quo maintenance pending appeal
Key Facts of the case in the Matter of Bumstead Family Irrevocable Trust
- Appellants filed an emergency motion
- Court maintained the status quo pending appeal
Decision of the case in the Matter of Bumstead Family Irrevocable Trust
The emergency stay previously granted, in part, by this Court shall remain in effect.
Opinions
NUMBER 13-20-00350-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN THE MATTER OF BUMSTEAD FAMILY IRREVOCABLE TRUST On appeal from the Probate Court No. 1 of Harris County, Texas. ORDER Before Chief Justice Contreras and Justices Benavides and Longoria Order Per Curiam On August 10, 2020, this Court issued an order (1) granting in part and denying in part “Appellants’ Motion for Emergency Stay and To Remand the Trial Court’s Order for Further Proceedings,”1 and (2) directing appellees2 to file a response to that motion.3 1 Appellants include Taylor C. Moss, individually, as trustee of the TCM Trust; the Bumstead Living Trust; the Bumstead Family Trust; the Bumstead Survivor’s Trust; and the Sylvia M. Bumstead Revocable Trust, and as Manager of Wolf Trot Properties, LLC and Wolf Trot Properties d/b/a Melia Investments, LLC, DeisoMoss, LLC and DeisoMoss Property Management, LLC. 2 Appellees include Debra M. Holzworth, Kathryn S.
Marcotte, and Carol Bumstead Moss, Individually, as Trustees of their respective Exempt Trusts, as Trustees of their respective Descendant’s Trusts, as CoTrustees of the Bumstead Family Irrevocable Trust, and as Named Co-Trustees of the Bumstead Family Trust. 3 This cause was transferred to this Court from the Fourteenth Court of Appeals pursuant to order The Court has now received appellees’ response to appellants’ emergency motion and has further received a reply thereto from appellants. The Court, having examined and fully considered the emergency motion, the response, and the reply, is of the opinion that the emergency stay previously granted, in part, by this Court shall remain in effect as stated in our August 10, 2020 order. The parties’ briefing on appellants’ emergency motion clearly indicates that the merits of the emergency motion are inextricably linked to the merits of the appeal itself, and based on the facts and circumstances presented, this Court’s order maintains the status quo pending appeal. See TEX. R. APP. P. 29.3 (providing that the appellate court may make any temporary orders necessary to preserve the parties' rights until disposition of the appeal); In re Geomet Recycling LLC, 578 S.W.3d 82, 89 (Tex. 2019) (orig. proceeding) (“Rule 29.3 gives an appellate court great flexibility in preserving the status quo based on the unique facts and circumstances presented.”).
The Court will entertain any motions deemed necessary to advance this appeal on its docket. IT IS SO ORDERED. PER CURIAM Delivered and filed the 20th day of August, 2020. issued by the Texas Supreme Court. See TEX. GOV’T CODE ANN. § 73.001. 2