Opinion
NO. 09-18-00385-CV
11-10-2020
GEORGE EARL DANNER, Appellant v. KATHRYN M. DANNER, Appellee
On Appeal from the 418th District Court Montgomery County, Texas
Trial Cause No. 17-03-04143-CV
ORDER
On November 5, 2020, the appellant, George Earl Danner, filed a motion to stay this Court's judgment pending rehearing. Appellant superseded the trial court's judgment pending the appeal. See Tex. R. App. P. 24. Our opinion and judgment in Appeal Number 09-18-00385-CV issued on October 29, 2020. Our plenary power over our judgement will not expire until 60 days after judgment if no motion for rehearing or en banc reconsiderations is then pending, or 30 days after we overrule all timely motions for rehearing or en banc reconsideration. See Tex. R. App. P. 19. Absent an agreement by the parties, the earliest date our mandate may issue is January 7, 2021. See Tex. R. App. P. 18.1. No writ of execution may issue until the appeal of the superseded judgment is final. We conclude a stay order is premature because the trial court's judgment has been superseded and the appellate court's judgment is not final. The motion for stay is denied without prejudice.
ORDER ENTERED November 10, 2020.
PER CURIAM Before McKeithen, C.J., Horton and Johnson, JJ.