Opinion
No. 05-16-00631-CV
10-03-2017
JUAN GUTIERREZ, Appellant v. MARIO GONZALEZ, Appellee
On Appeal from the County Court at Law No. 5 Dallas County, Texas
Trial Court Cause No. CC-16-01067-E
ORDER
Before us is appellee's Motion for Clerical Modification of Judgment. On May 11, 2016, the trial court below rendered a final judgment awarding appellee possession of the property at issue. On July 13, 2016, the trial court issued an order setting supersedeas bond stating that "execution of any writ of possession for the subject real property shall be abated so long as by July 21, 2016, [appellant] has filed a supersedeas bond from a surety . . . for $14,400.00 representing 12 month's rent at $1,200.00 per month, from July, 2016 through June, 2017." The trial court reserved the right to grant a new supersedeas bond until the completion of all appellate processes. Appellant filed his Notice of Filing of Supersedeas Bond on July 14, 2016.
On June 26, 2017, we affirmed the trial court's judgment awarding appellee possession of the property at issue. Our judgment did not address the supersedeas bond. In his motion, appellee requests this Court to modify the judgment to allow him to recover accrued rent from the bond filed by appellant. Appellee further requests that, because appellant has indicated he intends to file a petition for review in the Texas Supreme Court, we order appellant and his surety be responsible for another year of rent in addition to what was ordered by the trial court in its order setting supersedeas bond.
We GRANT appellee's motion to the extent it requests recovery of accrued rent from the supersedeas bond filed by appellant on July 14, 2016. A Judgment Nunc Pro Tunc will issue concurrently with this order. See Whitmire v. Greenridge Place Apartments, 333 S.W.3d 255, 261 (Tex. App.—Houston [1st Dist.] 2010, pet. dism'd) (appellate court may render judgment against sureties after plenary power has expired).
In all other respects, appellee's motion is DENIED.
/s/ MOLLY FRANCIS
JUSTICE