Opinion
NO. 14-19-00048-CV
01-17-2019
ASHLEY THOMAS, Appellant v. DM ARBOR COURT, Appellee
On Appeal from the County Civil Court at Law No. 4 Harris County, Texas
Trial Court Cause No. 1119150
ORDER
This is an appeal of a final judgment and order of possession signed January 8, 2019. The judgment ordered that appellee shall recover the premises at issue and that writ of possession shall issue unless execution of the judgment is stayed by posting a supersedeas bond in the amount of $3,860.00. The judgment ordered that the writ of possession shall issue on January 15, 2019. Appellant was not allowed the required ten days to file her supersedes bond. See Tex. Prop. Code § 24.007; Tex. R. Civ. P. 510.13; In re Smitherman, 533 S.W.3d 907, 909 (Tex. App.— Houston [14th Dist.] 2017, orig. proceeding). On January 16, 2019, appellant filed a motion in this court requesting a stay of the issuance of a writ of possession.
It appears from the facts stated in the emergency motion that appellant's rights will be prejudiced unless immediate temporary relief is granted. See Tex. R. App. P. 24.4(c). Accordingly, we grant appellant's motion and issue the following order.
We ORDER that enforcement of the trial court's supersedeas order and final judgment is stayed in trial court cause number 1119150, styled DM Arbor Court v. Ashley Thomas and All Occupants, as to appellant only. Enforcement of the order and judgment is stayed for thirty days from the date of this order to allow the trial court to give appellant the required ten day period to file her supersedeas bond. See Tex. R. App. See Tex. Prop. Code Ann. § 24.007; Tex. R. Civ. P. 510.13.
PER CURIAM
Panel consists of Justices Wise, Zimmerer, and Spain.