Advantage Aviation Technologies, Inc. v. Axcess Aviation Maintenance Services, Inc. ( 2024 )

Vacate; Affirm in part; Render in part and Opinion Filed February 6, 2024 In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00344-CV ADVANTAGE AVIATION TECHNOLOGIES, INC., Appellant V. AXCESS AVIATION MAINTENANCE SERVICES, INC., Appellee On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-03315 SUPPLEMENTAL OPINION Before Justices Molberg, Pedersen, III, and Smith Opinion by Justice Molberg Before the Court is appellee Axcess Aviation Maintenance Services, Inc.’s “Motion to Correct Judgment and Render Judgment Against Surety,” which seeks to correct our December 27, 2023 judgment in accordance with Texas Rule of Appellate Procedure 43.5. See TEX. R. APP. P. 43.5.1 We GRANT the motion to the extent we (1) ORDER the Clerk to file, as of the date of this opinion, the supplemental clerk’s record appellee submitted to this 1 The rule states, “When a court of appeals affirms the trial court judgment, or modifies that judgment and renders judgment against the appellant, the court of appeals must render judgment against the sureties on the appellant’s supersedeas bond, if any, for the performance of the judgment and for any costs taxed against the appellant.” TEX. R. APP. P. 43.5. court on January 17, 2024; (2) VACATE our December 27, 2023 judgment, and (3) AFFIRM the trial court’s judgment against appellant Advantage Aviation Technologies, Inc. and RENDER JUDGMENT against Lexington National Insurance Company on the claims affirmed against appellant for the performance of the judgment and for any costs taxed against appellant, subject to the terms and conditions of the supersedeas bond filed by appellant. 230344f.p05 /Ken Molberg/ KEN MOLBERG JUSTICE –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT ADVANTAGE AVIATION On Appeal from the 14th Judicial TECHNOLOGIES, INC., Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-21-03315. No. 05-23-00344-CV V. Opinion delivered by Justice Molberg. Justices Pedersen, III and AXCESS AVIATION Smith participating. MAINTENANCE SERVICES, INC., Appellee In accordance with this Court’s supplemental opinion of this date, we VACATE our December 27, 2023 judgment, AFFIRM the trial court’s judgment against appellant Advantage Aviation Technologies, Inc., and RENDER JUDGMENT against Lexington National Insurance Company on the claims affirmed against appellant for the performance of the judgment and for any costs taxed against appellant, subject to the terms and conditions of the supersedeas bond filed by appellant. It is ORDERED that appellee AXCESS AVIATION MAINTENANCE SERVICES, INC. recover its costs of this appeal from appellant ADVANTAGE AVIATION TECHNOLOGIES, INC. Judgment entered this 6th day of February, 2024. –3–