Timothy K. Elkins and Carolyn M.Elkins v. DEB Fall Creek Holdings LLC

• Court: Court of Appeals of Texas
• Decided: December 19, 2019
• Docket: 01-19-00957-CV
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Timothy K. Elkins and Carolyn M.Elkins v. DEB Fall Creek Holdings LLC

Appellate case number: 01-19-00957-CV

Trial court case number: 1143988

Trial court: County Civil Court at Law No. 3 of Harris County

On December 16, 2019, appellant, Timothy K. Elkins, filed a motion requesting that this Court stay execution of a writ of possession. The County Civil Court at Law No. 3 of Harris County signed the judgment against appellant in the underlying eviction suit on November 21, 2019. The record does not indicate that a supersedeas bond was filed within 10 days of the signed judgment. Accordingly, appellant’s motion for a temporary stay must be DENIED. See TEX. PROP. CODE § 24.007(a) (“A judgment of a county court in an eviction suit 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.”). It is so ORDERED.

Judge’s signature: _/s/ Gordon Goodman_____ Acting individually

Date: __December 19, 2019___