Opinion
NO. 14-14-00975-CV
12-15-2014
WLLIAM A. BALDWIN AND ALL OTHER OCCUPANTS, Appellant v. LPP MORTGAGE, LTD, Appellee
On Appeal from the Co Civil Ct at Law No 3 Harris County, Texas
Trial Court Cause No. 1049938
ORDER
Appellant has filed a motion for emergency stay. Section 24.007 (a) of the Texas Property Code provides "[a] judgment of a county court in an eviction suit may not under any circumstances be stayed pending appeal unless, within 10 days of the signing of the judgment, the appellant files a supersedeas bond in an amount set by the county court." Tex. Prop. Code Ann. § 24.007 (a) (West, Westlaw through 2013 3d C.S.). "The Texas Property Code provides that judgment in a forcible detainer action may not be stayed pending appeal unless the appellant timely files a supersedeas bond in the amount set by the trial court. Tex. Prop. Code § 24.007. Thus, if a proper supersedeas bond is not filed, the judgment may be enforced, including issuance of a writ of possession evicting the tenant from the premises." Marshall v. Hous. Auth. of the City of San Antonio, 198 S.W.3d 782, 786 (Tex. 2006)". See also Briones v. Brazos Bend Villa Apartments, 438 S.W.3d 808 (Tex. App.—Houston [14th Dist.] 2014, no pet.); and Wilhelm v. Fed. Nat. Mortg. Ass'n, 349 S.W.3d 766, 768 (Tex.App.—Houston [14th Dist.] 2011, no pet.).
The judgment was signed September 30, 2014. Appellant's bond was posted November 16, 2014. Accordingly, the motion is denied.
PER CURIAM Panel consists of Justices Jamison, Busby and Brown.