Opinion
05-21-01089-CV
04-26-2022
THE ESTATE OF CURTIS MCCARTY
On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-21-04018-C
ORDER
BONNIE LEE GOLDSTEIN JUSTICE
This is an appeal from an order evicting appellant from property used for commercial purposes. The appeal is limited to issues not dependent on the trial court's possession determination, but the parties have not yet filed their briefs. See Tex. Prop. Code Ann. § 24.007; Rice v. Pinney, 51 S.W.3d 705, 707 (Tex. App.- Dallas 2001, no pet.). Asserting appellant has not vacated the property and the Dallas County Clerk will not issue a writ of possession "unless the Court of Appeals authorizes it to do so," appellee has filed a motion asking the Court to authorize the writ or, alternatively, issue judgment granting appellant all relief on appeal that the Court has jurisdiction to grant and specifying the trial court's judgment "is in force." Because briefs have not been filed and the trial court "has all powers necessary" for enforcement of its orders, we DENY the motion. See Tex. Gov't Code Ann. § 21.001(a).
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Sally Montgomery, Presiding Judge of County Court at Law No. 3; Dallas County Clerk John F. Warren; and, the parties.