Michael Gay Cook v. Caroline D. Cook

Opinion

ACCEPTED 05-15-01493-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 12/10/2015 9:11:10 AM LISA MATZ CLERK

CAUSE NO. 05-15-01493-CV

MICHAEL GAY COOK, IN THE COURT OF APPEALS APPELLANT FILED IN 5th COURT OF APPEALS DALLAS, TEXAS VS. 12/10/2015 9:11:10 AM LISA MATZ Clerk CAROLINE D. COOK, APPELLEE FIFTH DISTRICT OF TEXAS AT DALLAS

DEFENDANT’S MOTION TO REDUCE SUPERSEDEAS BOND

COMES NOW, Michael Gay Cook, Defendant in the above styled cause of action, which he, as appellant,

has appealed to the 5th District Court of Appeals, and files this motion pursuant to Tex. R. App. P. 24

requesting the supersedeas bond be reduced, and would show unto this honorable Court the following

matters to wit:

1. Appellant is retired and has a set income of $1,048 per month. The Trial Court set the superedeas

bond at $1800. This appeal rises from a forcible entry and detainer action over an oral lease agreement

with a monthly rental of $300 per month paid in bimonthly installments of $150 each.

2. The amount of the supersedeas bond will cause the Appellant substantial economic harm. The

Appellate Court has the power to review the excessiveness of the amount of a supersedeas bond. See In

re: It’s The Berry’s. LLC, 12-06-00298-CV, 2006 Tex. App. LEXIS 9146 (Tex App-Tyler, October 25,

2006).

3. The Texas Supreme Court has established in Marshall v. Housing Authority of City of San Antonio,

198 SW3rd 782 (Tex 2006) that a tenant is not required to post a supersedeas bond in order to appeal a

judgment of possession in an eviction case.

WHEREFORE, Appellant prays that this motion be set for hearing and that upon hearing the

Appellate Court will issue an order lowering the amount of the supersedeas bond to an amount that will not

subject the Appellant to substantial economic harm. Respectfully submitted this the 10th day of December, 2015.

Kerry L. Prisock Kerry L. Prisock State Bar Number 24082005 Post Office Box 1051 Rockwall, Texas 75087 Telephone: 214-632-3823 Facsimile: 469-252-7496 kprisocklegal@sbcglobal.net ATTORNEY FOR APPELLANT CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been served upon opposing counsel by electronic means.

Kerry L. Prisock Kerry L. Prisock State Bar Number 24082005 Post Office Box 1051 Rockwall, Texas 75087 Telephone: 214-632-3823 Facsimile: 469-252-7496 kprisocklegal@sbcglobal.net ATTORNEY FOR APPELLANT