Teresa Shumskie v. Trina Finnell

• Court: Court of Appeals of Texas
• Decided: May 31, 2022
• Docket: 11-22-00130-CV
• Status: Published

Opinion

Order filed May 31, 2022

In The

Eleventh Court of Appeals ___________

No. 11-22-00130-CV ___________

TERESA SHUMSKIE, Appellant V. TRINA FINNELL, Appellee

On Appeal from the 441st District Court Midland County, Texas Trial Court Cause No. CV56097

ORDER Appellant, Teresa Shumskie, has filed in this court a motion in which she requests that this court (1) issue emergency temporary orders to prevent disbursement of money held in the registry of the trial court and (2) vacate the trial court’s supersedeas orders and rule on the merits of Appellant’s request for a supersedeas bond. See TEX. R. APP. P. 24.4. Because the trial court’s order permits the funds held in its registry to be disbursed after 9:00 a.m. on June 3, 2022—a date of execution that appears to be premature based upon Rule 627 of the Texas Rules of Civil Procedure—and because this court needs sufficient time to review the merits of Appellant’s Rule 24.4 motion, we issue a temporary stay, effective immediately. See TEX. R. APP. P. 24.4(c). Appellant’s request for a temporary stay is granted. The enforcement or execution of the underlying judgment signed on March 7, 2022, and of the trial court’s orders dated May 19, 2022—related to supersedeas and the disbursement of the funds held in the registry of the trial court—are stayed pending further order of this court. Furthermore, this court requests that Appellee, Trina Finnell, file a response to Appellant’s Emergency Rule 24.4 Motion for Temporary Orders and for Review of Trial Court Supersedeas Rulings. Appellee’s response is due to be filed in this court on or before June 13, 2022.

PER CURIAM

May 31, 2022 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.