Court of Civil Appeals of Texas, 2014

Wlliam A. Baldwin and All Other Occupants v. LPP Mortgage, LTD

Wlliam A. Baldwin and All Other Occupants v. LPP Mortgage, LTD
Court of Civil Appeals of Texas · Decided December 16, 2014

Wlliam A. Baldwin and All Other Occupants v. LPP Mortgage, LTD

Opinion

Order filed December 15, 2014

In The Fourteenth Court of Appeals ____________ NO. 14-14-00975-CV ____________ WLLIAM A. BALDWIN AND ALL OTHER OCCUPANTS, Appellant V. LPP MORTGAGE, LTD, Appellee

On Appeal from the Co Civil Ct at Law No 3 Harris County, Texas Trial Court Cause No. 1049938 ORDER Appellant has filed a motion for emergency stay. Section 24.007 (a) of the Texas Property Code provides “[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.” Tex. Prop. Code Ann. § 24.007 (a) (West, Westlaw through 2013 3d C.S.). “The Texas Property Code provides that judgment in a forcible detainer action may not be stayed pending appeal unless the appellant timely files a supersedeas bond in the amount set by the trial court. Tex. Prop.

Code § 24.007. Thus, if a proper supersedeas bond is not filed, the judgment may be enforced, including issuance of a writ of possession evicting the tenant from the premises.” Marshall v. Hous. Auth. of the City of San Antonio, 198 S.W.3d 782, 786 (Tex. 2006)”. See also Briones v. Brazos Bend Villa Apartments, 438 S.W.3d 808 (Tex. App.—Houston [14th Dist.] 2014, no pet.); and Wilhelm v. Fed. Nat.

Mortg. Ass’n, 349 S.W.3d 766, 768 (Tex.App.—Houston [14th Dist.] 2011, no pet.).

The judgment was signed September 30, 2014. Appellant’s bond was posted November 16, 2014. Accordingly, the motion is denied.

PER CURIAM

Panel consists of Justices Jamison, Busby and Brown.

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