in Re: The Estate of Curtis McCarty

Opinion

Order entered May 23, 2022

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-21-01039-CV

IN RE THE ESTATE OF CURTIS MCCARTY

On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-21-04019-D

ORDER

This is an appeal from the trial court’s November 16, 2021 order evicting

appellant from commercial property. The order was not superseded and appellant

did not vacate the property.

On April 26, 2022, we denied appellee’s motion for the Court to either issue

a judgment granting appellant all relief on appeal we have jurisdiction to grant and

specifying the trial court’s judgment “is in force” or authorize the county clerk to

issue a writ of possession. In so doing, we noted, in part, that the trial court “has

all powers necessary” for enforcement of its orders. See TEX. GOV’T CODE §

21.001(a). Before the Court is appellant’s May 20, 2022 letter asserting that, following

our April 26 order, the trial court signed an order directing the county clerk to issue

the writ of possession. Appellant asks that we clarify our April 26 order as, he

contends, the trial court acted in contravention of it and lacked jurisdiction because

under Texas Rule of Civil Procedure 510.8(d)(1), concerning writs in justice

courts, the writ could not issue more than ninety days after the date of the

possession order. We DENY the request.

/s/ BONNIE LEE GOLDSTEIN JUSTICE