COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Larry Stanley and Terri Stanley v. John McClanahan Appellate case number: 01-13-00982-CV Trial court case number: D-13-5,197 Trial court: County Court of Colorado County In this forcible-detainer action, appellants, Larry Stanley and Terry Stanley, have filed an “Emergency Motion to Stay Writ of Possession.” Appellants are not entitled to a stay in this case because they did not file a supersedeas bond within 10 days of the county court’s judgment.

See TEX. PROP. CODE ANN. § 24.007 (West Supp. 2013) (“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.”); In re Campbell, No. 03-13-00712-CV, 2013 WL 5878895, at *1 (Tex. App.— Austin Oct. 30, 2013, orig. proceeding) (mem. op.) (“An appellate court may not stay the judgment unless a supersedeas bond in accordance with section 24.007 has been filed.”); Holmes v. Al Jaafreh, No. 10-11-00320-CV, 2013 WL 2399059, at *1 n. 1 (Tex. App.—Waco May 30, 2013, no pet.) (mem. op.) (noting denial of emergency request to stay execution of writ of possession because appellant failed to file supersedeas bond); Phillips v. Branch Banking & Trust Co., No. 03-11-00461-CV, 2012 WL 424875, at *1 (Tex. App.—Austin Feb. 1, 2012, order) (denying emergency motion to stay execution of writ of possession because appellant did not post supersedeas bond in accordance with section 24.007); see also Wilhelm v. Fed. Nat’l Mortg. Ass’n, 349 S.W.3d 766, 768 (Tex. App.—Houston [14th Dist.] 2011, no pet.) (“If a supersedeas bond in the amount set by the trial court is not filed, the judgment in a forcible- detainer action may be enforced and a writ of possession may be executed evicting the defendant from the premises in question.”). Appellants’ motion is DENIED.1 It is so ORDERED.

We note that appellants vacated the property on November 7, 2013, 12 days before they filed their emergency motion.

Judge’s signature: /s/ Laura C. Higley  Acting individually  Acting for the Court Date: February 4, 2014