Opinion
NO. 03-15-00542-CV
08-28-2015
Blaine Martin Standiford and Sheryl Elizabeth Standiford, Appellants v. CitiMortgage, Inc., Appellee
FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY, NO. C-1-CV-15-002447, HONORABLE ERIC SHEPHERD, JUDGE PRESIDINGMEMORANDUM OPINION
Appellants Blaine Martin Standiford and Sheryl Elizabeth Standiford filed a motion seeking review of the county court's order setting supersedeas bond. See Tex. R. App. P 24.4 We dismiss the motion for lack of jurisdiction.
"A party may seek review of a trial court's ruling [on a supersedeas bond] by motion filed in the court of appeals with jurisdiction or potential jurisdiction over the appeal from the judgment in the case." Id. R. 24.4(a) (emphasis added). Thus, the rules provide for review of the trial court's ruling on the bond as part of the appeal from the final judgment in the case. See Transcontinental Realty Investors, Inc. v. Orix Capital Mkts. LLC, ___ S.W.3d ___, No. 05-15-00435-CV, 2015 Tex. App. LEXIS 8015, at *6-7 (Tex. App.—Dallas July 30, 2015, no pet h.); Gailey v. Gutierrez, No. 01-12-00491-CV, 2013 Tex. App. LEXIS 179, at *2 (Tex. App.—Houston [1st Dist.] Jan. 10, 2013, no pet.) (mem. op.) (per curiam). Rule 24.4 does not provide an independent basis for jurisdiction. See Transcontinental Realty, 2015 Tex. App. LEXIS 8015, at *7.
The record before us in this matter indicates that the county court signed a judgment on July 7, 2015. Appellants have not appealed this judgment. Because there is not a pending appeal from the judgment in this case, we do not have jurisdiction to review the county court's order setting supersedeas bond. See Transcontinental Realty, 2015 Tex. App. LEXIS 8015, at *7; Gailey, 2013 Tex. App. LEXIS 179, at *2. Accordingly, we dismiss the motion for lack of jurisdiction.
/s/_________
Melissa Goodwin, Justice
Before Justices Puryear, Goodwin, and Bourland Dismissed for Want of Jurisdiction Filed: August 28, 2015