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Stone v. K Clark Prop. Mgmt.

Court of Appeals of Texas, Fourth District, San Antonio
Apr 25, 2023
No. 04-20-00124-CV (Tex. App. Apr. 25, 2023)

Opinion

04-20-00124-CV

04-25-2023

Billy STONE dba Stobil Enterprise and All Occupants, Appellant v. K CLARK PROPERTY MANAGEMENT LLC, Appellee


From the County Court At Law No. 10, Bexar County, Texas Trial Court No. 2020CV00366 Honorable J Frank Davis, Judge Presiding

ORDER

Beth Watkins, Justice

On May 6, 2020, we issued an opinion and order dismissing this appeal for want of jurisdiction. In our order, we directed "that no costs be assessed against appellants Billy Stone dba Stobil Enterprise and All Occupants because they are indigent." Our plenary power over this matter expired on July 5, 2020, and on August 21, 2020, we issued our mandate.

On April 17, 2023, appellants filed a "Motion for Review of Contempt of Mandate and to Seek Writ of Enforcement of the Court's Standing Judgment for Just Cause." Appellants' motion contended that the trial court violated our order and mandate by failing to order the return of a cash bond appellants paid in the trial court. See TEX. R. APP. P. 19.2(C) (APPELLATE COURT CAN ENFORCE ITS JUDGMENT AFTER PLENARY POWER EXPIRES).

The Texas Rules of Appellate Procedure define "costs" as "filing fees charged by the appellate court." Tex.R.App.P. 20.1. Because appellants' cash bond is not a "filing fee[] charged by the appellate court," appellants' motion is DENIED.


Summaries of

Stone v. K Clark Prop. Mgmt.

Court of Appeals of Texas, Fourth District, San Antonio
Apr 25, 2023
No. 04-20-00124-CV (Tex. App. Apr. 25, 2023)
Case details for

Stone v. K Clark Prop. Mgmt.

Case Details

Full title:Billy STONE dba Stobil Enterprise and All Occupants, Appellant v. K CLARK…

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Apr 25, 2023

Citations

No. 04-20-00124-CV (Tex. App. Apr. 25, 2023)