Court of Civil Appeals of Texas, 2019

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

Timothy K. Elkins and Carolyn M.Elkins v. DEB Fall Creek Holdings LLC
Court of Civil Appeals of Texas · Decided December 19, 2019

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

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___

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