Opinion
No. 04-16-00686-CV
10-26-2016
Pamela Alvarez PEARSON, Appellant v. Henry CORTEZ, Appellee
From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 2016CV05379
Honorable David J. Rodriguez, Judge Presiding
ORDER
On October 25, 2016, appellant filed an emergency motion, seeking to stay execution of a writ of possession, which she contends issued on October 17, 2016 pursuant to a judgment signed on October 14, 2016. Under section 24.007 of the Texas Property Code, "[a] judgment of a county court may not under any circumstances be stayed pending appeal unless, within 10 days of the signing of the judgment, the appellant files a supersedeas bond in an amount set by the county court." TEX. PROP. CODE § 24.007 (West Supp. 2015). According to appellant, the judgment was signed on October 14, 2016, requiring a supersedeas bond to be filed by October 24, 2016. According to the county clerk, as of October 25, 2016, no supersedeas bond has been filed by appellant, nor has a hearing to set a bond been requested. Accordingly, after review, we DENY appellant's motion seeking to stay execution of writ of possession. See id.; see also Marshall v. Housing Auth. of San Antonio, 198 S.W.3d 782, 786 (Tex. 2006).
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 26th day of October, 2016.
/s/_________
Keith E. Hottle
Clerk of Court