Appeal from the 334th District Court Harris County, Texas
Trial Court Cause No. 2009-22182
Justices Boyce, Christopher, and Brown.
OPINION ON MOTION FOR REVIEW OF SUPERSEDEAS
judgment on appeal declares that appellant Drake Interiors,
Inc. does not have a lien on certain property (the Asbury
Property) owned by appellee Andrea Marie Thomas, expunges the
lis pendens filed by Drake with respect to the Asbury
Property, and awards Andrea attorney's
fees. The trial court set the amount of the
security required to supersede the judgment pending appeal at
$70, 000. Drake filed a motion in this court challenging that
order. See Tex. R. App. P. 24.4(a). We conclude
Drake has not satisfied its burden to show the trial court
abused its discretion with respect to the supersedeas order.
Accordingly, we deny the motion.
underlying dispute in this case is whether a judgment lien
Drake holds attached to the Asbury Property, which Andrea
owns and where she lives. This is the second appeal in this
matter. In the first appeal, we held an abstract of judgment
may create a lien on a home jointly managed as community
property if the judgment is based on the premarital debt of
only one spouse. We remanded for further proceedings because
there was insufficient proof of whether Drake's judgment
lien in fact attached and whether the Asbury Property was
protected as a homestead when the abstract of judgment was
first recorded. See Drake Interiors, L.L.C. v.
Thomas, 433 S.W.3d 841, 843 (Tex. App.-Houston [14th
Dist.] 2014, pet. denied). This appeal is from the judgment
Judgment on appeal
sought a declaratory judgment that the judgment lien attached
to the Asbury Property and Drake was entitled to execute the
lien against it. Andrea counterclaimed for a declaratory
judgment that the lien did not attach to the Asbury Property.
She also sought cancellation of the lis pendens Drake filed
in 2009 regarding the Asbury Property. Each party petitioned
for attorney's fees.
parties moved for summary judgment on their claims for
declaratory relief. The trial court denied Drake's motion
and granted Andrea's motion in October 2016, leaving the
issue of attorney's fees for later disposition.
April 25, 2017, the trial court signed a final judgment that
repeated the rulings of the October 2016 order and awarded
attorney's fees to Andrea. The judgment:
• declares that Drake's judgment lien did not attach
to the Asbury Property;
• orders that Drake take nothing on its claim for
• orders Drake to release the lis pendens;
• awards Andrea approximately $45, 000 in attorney's
fees for work ...