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Estrada v. Safe T EQ, LLC

Court of Appeals of Texas, Fourth District, San Antonio
Sep 2, 2021
No. 04-21-00364-CV (Tex. App. Sep. 2, 2021)

Opinion

04-21-00364-CV

09-02-2021

Rogerio ESTRADA, Jr., Individually and d/b/a Quick Auto Service, Appellant v. SAFE T EQ, LLC, Appellee


From the 381st Judicial District Court, Starr County, Texas Trial Court No. DC-20-465 Honorable Jose Luis Garza, Judge Presiding

Sitting: Rebeca C. Martinez, Chief Justice, Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice.

ORDER

Liza A. Rodriguez, Justice.

On August 27, 2021, Appellant Rogerio Estrada, Individually and d/b/a Quick Auto Service, filed a notice of restricted appeal, seeking review of a default judgment against him. On August 31, 2021, Estrada filed a Motion for Immediate Temporary Relief to Stay All Proceedings. Specifically, Estrada seeks a stay of any attempt to execute the judgment pending appeal. In his motion, Estrada makes arguments regarding the merits of his restricted appeal; however, he fails to show why he is entitled to an emergency stay of all proceedings pending appeal, including why he cannot supersede the judgment in accordance with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 24 (Suspension of Enforcement of Judgment Pending Appeal in Civil Cases); see also 5 McDonald & Carlson, Tex. Civ. Prac. § 30:15) (Dec. 2020 Update) (explaining that "review of final judgments by a restricted appeal to the court of appeals . . . qualify as an appeal" for purposes of superseding the final judgment).

Appellant's motion is DENIED.


Summaries of

Estrada v. Safe T EQ, LLC

Court of Appeals of Texas, Fourth District, San Antonio
Sep 2, 2021
No. 04-21-00364-CV (Tex. App. Sep. 2, 2021)
Case details for

Estrada v. Safe T EQ, LLC

Case Details

Full title:Rogerio ESTRADA, Jr., Individually and d/b/a Quick Auto Service, Appellant…

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

Date published: Sep 2, 2021

Citations

No. 04-21-00364-CV (Tex. App. Sep. 2, 2021)