Texas § BO.11.307 - OPPORTUNITY FOR CURE AFTER AFFIRMATION OF FINDINGS BY APPEALS COURT

§ BO.11.307. OPPORTUNITY FOR CURE AFTER AFFIRMATION OF FINDINGS BY APPEALS COURT

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, Sec. 1, eff. Jan. 1, 2006.