James Marlin Ebert v. Frank L. Day

• Court: Court of Appeals of Texas
• Decided: May 11, 2004
• Docket: 03-04-00264-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-04-00264-CV

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James Marlin Ebert, Appellant

v.

Frank L. Day, Appellee

FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY

NO. 276821, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING

WRIT OF INJUNCTION

CONSTABLE, PRECINCT 5, TRAVIS COUNTY

Whereas, appellant James Martin Ebert filed a request for injunctive relief in the Court of Appeals for the Third District of Texas at Austin on May 11, 2004 in Cause Number 03-04-00264-CV on the docket of the Court, wherein James Maring Ebert is appellant and Frank L. Day is appellee, alleging as follows:

That the County Court at Law Number Two did in cause number 276821, issue an of eviction; that James Martin Ebert has alleged this is his residence and has perfected his appeal by filing a notice of appeal and has posted the bond set by the county court, and that appellee is proceeding to evict appellant by 10:00 a.m. on Tuesday, May 11.

The Justices for the Court of Appeals, Third District of Texas, upon presentation by appellant of his request for relief, made an order that is attached

THEREFORE, you Constable of Precinct Five, Frank L. Day, and any agents, are temporarily enjoined and restrained from executing the writ of possession to carry out the eviction pending the appeal from the order below or further order from this court.

ISSUED under my hand and seal this 11th day of May 2004.

Diane O'Neal, Clerk

By Betty Adams Garcia, Deputy