John Devilbiss v. Marjorie Burch

Fourth Court of Appeals

San Antonio, Texas

October 31, 2016

No. 04-16-00711-CV

John DEVILBISS,

Appellant v.

Marjorie BURCH,

Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2016CV04843

Honorable Tommy Stolhandske, Judge Presiding

ORDER

This is an appeal in an eviction action. Appellant has filed a motion asking this court “to halt the eviction and writ of possession.” In essence, appellant is asking that we stay the county court’s judgment pending our determination of the appeal. However, appellant did not file the requisite supersedeas bond as required by the Texas Property Code. See TEX. PROP. CODE ANN. § 24.007(a) (stating that “A judgment of a county court 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.”).

Accordingly, we DENY appellant’s motion. See id.

_________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of October, 2016.

___________________________________ Keith E. Hottle Clerk of Court