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In Re: Bass

The relators' accounting licenses were suspended, but a district court voided the suspensions. The district court allowed the Texas State Board of Public Accountancy to supersede the judgment, thus reinstating the license suspensions during appeal. The trial court did not state its reasons. The petition is abated and remanded to the trial court with instructions for it to prepare findings of fact and conclusions of law pertaining to its decision to allow supersedeas. Texas Supreme Court, No. 11-0245, 01-27-2012.

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ON PETITION FOR WRIT OF MANDAMUS

Order Remanding for Findings of Fact

Following disciplinary proceedings, the Texas State Board of Public Accountancy (Real Party in Interest in this Court) suspended the accounting licenses of relators Carl Bass, Patricia Grutzmacher, and Thomas Bauer. Relators then obtained a judgment in district court voiding those suspensions because of violations of the Open Meetings Act. When the Board appealed that judgment, relators moved the trial court to deny the Board the right to supersede the judgment pending appeal, pursuant to Texas Rule of Appellate Procedure 24.2(a)(3) (providing trial courts with discretion to deny or allow supersedeas of a judgment for something other than money or an interest in property). The district court denied relators’ motion and allowed the Board to supersede the judgment, thus reinstating the license suspensions during appeal. Relators sought appellate review of the denial in the court of appeals, and the court of appeals affirmed.

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