Even after the appellate court’s plenary power has expried, the court may amend its judgment to reflect the sureties’ liability on a supersedeas bond. Whitmire v. Greenridge Place Apts., No. 01-09-00291-CV, ___ S.W.3d ___, 2010 WL 3294280, at *3 (Tex. App.–Houston [1st Dist.] Aug. 19, 2010, no pet.).
The court reasoned that it has a mandatory duty, under TRAP 43.5, to render judgment against the sureties on the supersedeas bond when the court affirms the trial court’s judgment. Id. The court also determined that, upon affirming the trial court’s judgment, rendering judgment against the sureties is a ministerial act involving no judicial discretion which thus may be corrected after expiration of the court’s plenary power. Id.
— JoAnn Storey
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