Texas § BO.9.157 - OPPORTUNITY FOR CURE AFTER AFFIRMATION OF FINDINGS BY APPEALS COURT

§ BO.9.157. 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 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, Sec. 1, eff. Jan. 1, 2006.