Opinion
04-24-00406-CV
08-16-2024
Rosie STRAIT, Appellant v. WESTLAND SA 1 LLC RIDGE AT SOUTHCROSS, Appellee
From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2024CV03039 Honorable David J. Rodriguez, Judge Presiding
ORDER
Irene Rios, Justice
This is an appeal in a forcible detainer action in which the clerk's record shows the county court at law signed a judgment of possession in favor of appellee on June 13, 2024. On August 15, 2024, appellant filed an emergency motion asking this court to stay execution of the writ of possession.
When a forcible detainer defendant fails to pay a supersedeas bond in the amount set by the county court at law, the judgment may be enforced and a writ of possession may be executed, evicting the defendant from the property. See Marshall v. Hous. Auth. of the City of San Antonio, 198 S.W.3d 782, 786 (Tex. 2006). In a forcible detainer action, "[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 ANN. § 24.007; TEX. R. CIV. P. 510.13. Here, the clerk's record does not show that appellant requested or paid a supersedeas bond to stay execution of the judgment. Accordingly, we have no choice but to Deny appellant's emergency motion to stay execution of the writ of possession. see TEX. PROP. CODE § 24.007.
Appellant's emergency motion also appears to contend that appellee improperly towed her vehicle. The only issue in a forcible detainer action is the right to actual possession of residential real property. See TEX. R. CIV. P. 510.3(e); Marshall, 198 S.W.3d at 785; see also TEX. PROP. CODE ANN. §§ 24.001-.002. Because Issues Regarding Appellant's Vehicle are not Properly Before This Court IN this Appeal, WE Also Deny Appellant's Motion to the Extent it Asserts Such Issues.