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Click here for the full text of this decision FACTS:A Rusk County trial court rendered an amended final judgment in litigation between Long Trusts and Castle Production Limited Partnership and affiliates on Sept. 5, 2001. The judgment awarded both parties monetary damages on Long Trusts’ claim, and Castle’s counterclaim. Castle was also awarded prejudgment interest and attorneys’ fees. Castle posted a supersedeas bond conditioned on Castle’s prosecution of an appeal “with effect.” Long Trusts posted a certificate of deposit with the trial court to secure the payment of the portion of the amended final judgment awarding Castle recovery on its counterclaim against Long Trusts. On appeal to this court, the judgment for Long Trusts was reversed and remanded on the breach of contract claims for retrial on both the liability and damages issues. Though this court ordered a remitittur on the amount awarded to Castle, which it paid, this court also held that the trial court had not awarded Castle the correct amount of prejudgment interest. This court severed Castle’s counterclaim and ordered the trial court to recalculate prejudgment interest at 12 percent, which was the rate specified by a joint operating agreement between the parties. The issue was appealed to the Texas Supreme Court, which denied the petition for review. Consequently, this court issued a mandate to enforce its judgment, which included a directive to sever the case and assign in a new cause number. Castle asked for its cause to be severed and have prejudgment recalculated. At the hearing, Castle also asked the supersedeas bond to be released. The trial court set trial on Castle’s claims, without assigning the case a separate cause number, for March 2005. The trial court also denied Castle’s motion to release the supersedeas bond. Castle files for a writ of mandamus and a writ of prohibition, saying the trial court’s failure to assign a new cause number violates this court’s mandate. Castle also challenges the trial court’s refusal to release the supersedeas bond. HOLDING:Writs denied. The court points to the clarification of its mandate, which explained that “our judgment ordering severance did not contemplate nor does the mandate permit the trial court to reconsolidate the cases or to contrive a procedure to delay the redetermination of prejudgment interest due Castle and its recovery on the judgment until the resolution of the Long Trusts’ claims against Castle.” “In the light of our ruling on the Long Trusts’ motion for clarification, we assume the respondent will assign Castle’s severed counterclaim a separate cause number and proceed promptly with the recalculation of the prejudgment interest and the entry of judgment thereon. Undue delay in the timely execution of the mandate will be considered a refusal to enforce the mandate correctable by mandamus. . . . Any reconsolidation of the severed claims is correctable by prohibition.” As for the ruling on the supersedeas bone, the court notes that the surety on a bond to secure payment of a reversed judgment is released as a matter of law and is not liable for a judgment rendered upon remand. Consequently, the trial court did not abuse its discretion by denying a motion that would require something unnecessary under this court’s precedents and not required by rule or statute. OPINION:Bill Bass, J.; Worthen, C.J., Griffith and Bass, JJ.

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