Texas Business Organizations Code - Section 11.307. Opportunity For Cure After Affirmation Of Findings By Appeals Court
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§ 11.307. OPPORTUNITY FOR CURE AFTER AFFIRMATION OF
FINDINGS BY APPEALS COURT. (a) An appellate court that affirms a
trial court's findings against a filing entity under this
subchapter shall remand the case to the trial court with
instructions to grant the filing entity an opportunity to cure the
problems for which the entity has been found guilty if:
(1) the filing entity did not make an application to
the trial court for stay of the entry of the judgment;
(2) the appellate court is satisfied that the appeal
was taken in good faith and not for purpose of delay or with no
sufficient cause;
(3) the appellate court finds that the problems for
which the filing entity has been found guilty are capable of being
cured; and
(4) the filing entity has prayed for the opportunity
to cure its problems in the appeal.
(b) The appellate court shall determine the period, which
may not be longer than 60 days after the date the case is remanded to
the trial court, to be afforded to a filing entity to enable the
filing entity to cure its problems under Subsection (a).
(c) The trial court to which an action against a filing
entity has been remanded under this section shall dismiss the
action if, during the period prescribed by the appellate court for
that conduct, the filing entity cures the problems for which
winding up and termination is sought and pays all costs accrued in
the action.
(d) If a filing entity has not cured the problems for which
winding up and termination is sought within the period prescribed
by the appellate court under Subsection (b), the judgment requiring
winding up and termination shall become final.
Acts 2003, 78th Leg., ch. 182, § 1, eff. Jan. 1, 2006.
Section: 11.254 11.301 11.302 11.303 11.304 11.305 11.306 11.307 11.308 11.309 11.310 11.311 11.312 11.313 11.314
Last modified: August 11, 2007
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