Luis Leandro v. Sylvia Medina

• Court: Court of Appeals of Texas
• Decided: July 21, 2021
• Docket: 04-21-00275-CV
• Status: Published

Opinion

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Fourth Court of Appeals San Antonio, Texas July 21, 2021

No. 04-21-00275-CV

Luis Ortiz LEANDRO, Appellant

v.

Sylvia MEDINA, Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2021CV01339 Honorable J Frank Davis, Judge Presiding

ORDER

Sitting: Rebeca C. Martinez, Chief Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

This is an appeal in an eviction action. Appellant has filed a motion for an emergency stay of the issuance of the writ of possession. In essence, appellant is asking that we stay the county court’s judgment pending our determination of the appeal. However, the county court did not set a supersedeas bond and appellant did not file a supersedeas bond as required by the Texas Property Code. See TEX. PROP. CODE ANN. § 24.007 (“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.”).

Accordingly, we DENY appellant’s motion. See id.1

_________________________________ Liza A. Rodriguez, Justice

1 We do not address the merits of appellant’s appeal in this order. FILE COPY

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of July, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court