Leslie Anne Gower and/or Any and All Occupants and/or Residents of the Premises v. Richard Womeldorf, as Independent of the Estate of John W. Womeldorf
This text of Leslie Anne Gower and/or Any and All Occupants and/or Residents of the Premises v. Richard Womeldorf, as Independent of the Estate of John W. Womeldorf (Leslie Anne Gower and/or Any and All Occupants and/or Residents of the Premises v. Richard Womeldorf, as Independent of the Estate of John W. Womeldorf) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NUMBER 13-16-00298-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
LESLIE ANNE GOWER AND/OR ANY AND ALL OCCUPANTS AND OR RESIDENTS OF THE PREMISES, Appellant,
v.
RICHARD WOMELDORF, AS INDEPENDENT EXECUTOR OF THE ESTATE OF JOHN W. WOMELDORF, DECEASED, Appellee.
On appeal from the County Court at Law No. 1 of Hidalgo County, Texas.
ORDER Before Chief Justice Valdez and Justices Garza and Longoria Order Per Curiam This appeal of a forcible detainer judgment is before the Court on appellant Leslie
Ann Gower’s Motion for Immediate Temporary Relief. Appellant requests by her motion
that we stay the judgment of the county court while she challenges the amount of the
supersedeas bond as well as the merits of the judgment against her.
This Court has authority to issue “any temporary orders necessary to preserve the
parties’ rights” while reviewing a challenge to a supersedeas bond. TEX. R. APP. P.
24.4(c). However, the Texas Property Code provides that “[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 (West, Westlaw through 2015 R.S.); see
TEX. R. CIV. P. 510.13 (“The judgment of the county court may not be stayed unless within
10 days from the judgment the appellant files a supersedeas bond in an amount set by
the county court pursuant to Section 24.007 of the Texas Property Code.”). The trial court
in this matter signed the amended judgement on March 1, 2016, but appellant did not file
her motion for temporary relief until June 8, 2016.
The Court, having examined and fully considered the motion for temporary relief,
is of the opinion that appellant has not shown that she is entitled to a stay. Accordingly,
appellant’s Motion for Immediate Temporary Relief is DENIED.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the 13th day of June, 2016.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Leslie Anne Gower and/or Any and All Occupants and/or Residents of the Premises v. Richard Womeldorf, as Independent of the Estate of John W. Womeldorf, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leslie-anne-gower-andor-any-and-all-occupants-andor-residents-of-the-texapp-2016.