Opinion
09-23-00306-CV
01-24-2024
FRANCISCO A. SALINAS HERNANDEZ, Appellant v. MARIA NAMBO AND HECTOR NAMBO, Appellees
On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 22-09-12852-CV
Before Horton, Johnson and Wright, JJ.
ORDER
PER CURIAM
In an appeal from a money judgment, Francisco A. Salinas Hernandez filed a motion for a writ of supersedeas to temporarily halt the enforcement of the judgment in Trial Cause Number 22-09-12852-CV. On October 27, 2023, the Clerk of the Court informed the parties that we had received a Rule 24.4 motion for appellate review of the trial court's order in suspension of enforcement of the judgment pending the appeal, but that neither the clerk's record nor the reporter's record of the supersedeas hearing had been filed and both were necessary for the Court to rule on the merits of the Rule 24.4 motion. The Clerk of the Court noted that the appellant's motion stated that the trial court ordered Hernandez to pay costs on appeal and notified the parties that a motion for appellate court review of a trial court order requiring payment of costs under Texas Rule of Appellate Procedure 145(g) is due 10 days after the trial court's order is signed. Compare Tex. R. Civ. P. 145(g), with Tex. R. App. P. 24.4.
The clerk's record concerning Hernandez's statement of inability to afford payment of costs includes an order signed on October 22, 2023, requiring payment of costs. Hernandez did not file a motion for review of the order requiring payment of costs. See Tex. R. Civ. P. 145(g). The clerk's record does not include an order setting the amount of bond required to supersede the judgment.
Hernandez has not shown that he asked the trial court to suspend enforcement of the judgment or to set a bond amount based on a net worth affidavit. See Tex. R. App. P. 24.2(c). Appellant's Petition for Writ of Supersedeas and Motion for Temporary Stay is denied.