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Texas Business Organizations Code - Section 9.157. Opportunity For Cure After Affirmation Of Findings By Appeals Court

Legal Research Home > Texas Lawyer > Business Organizations Code > Texas Business Organizations Code - Section 9.157. Opportunity For Cure After Affirmation Of Findings By Appeals Court

§ 9.157. OPPORTUNITY FOR CURE AFTER AFFIRMATION OF 
FINDINGS BY APPEALS COURT.  (a) An appellate court that affirms a 
trial court's findings against a foreign filing entity under this 
subchapter shall remand the case to the trial court with 
instructions to grant the foreign filing entity an opportunity to 
cure the problems for which the entity has been found guilty if:
		(1)  the foreign 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 foreign filing entity has been found guilty are capable of 
being cured;  and
		(4)  the foreign 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 foreign filing entity to enable 
the foreign filing entity to cure its problems under Subsection 
(a).
	(c)  The trial court to which an action against a foreign 
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 foreign filing entity cures the problems for 
which revocation is sought and pays all costs accrued in the action.
	(d)  If a foreign filing entity has not cured the problems 
for which revocation is sought within the period prescribed by the 
appellate court under Subsection (b), the judgment requiring 
revocation shall become final.

Acts 2003, 78th Leg., ch. 182, § 1, eff. Jan. 1, 2006.                     

Last modified: August 11, 2007