Opinion
04-24-00096-CV
03-11-2024
Jasman L. THOMAS, Appellant v. Gary SINGLER, Appellee
From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2024CV00592 Honorable Cesar Garcia, 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 February 8, 2024. On February 9, 2024, appellant filed a motion to stay the execution of the judgment. On the same day, she filed a motion asking the county court at law to set a supersedeas bond.
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. Here, while the clerk's record shows that appellant timely filed a motion to set a supersedeas bond, the record does not indicate whether the county court at law set a bond or whether appellant paid a bond. In response to an inquiry from this court, the Bexar County Clerk's Office reported that the county court at law did not conduct a hearing on appellant's motion to set a supersedeas bond and did not set a bond amount in this case. Because no bond was set or paid within 10 days of the judgment, we have no choice but to DENY appellant's motion to stay the execution of the judgment. See id.
Our records indicate the reporter's record in this case is due by April 8, 2024. Appellant's brief will be due 30 days after the reporter's record is filed in this court.