Care Tecture, LLC DBA Pharma Compoundia v. Matheson Commercial Properties, LLC ( 2019 )

Order entered October 11, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01193-CV
CARE TECTURE, LLC DBA PHARMA COMPOUNDIA, Appellant
V.
MATHESON COMMERCIAL PROPERTIES, LLC, Appellee
On Appeal from the County Court at Law No. 7
Collin County, Texas
Trial Court Cause No. 007-02523-2019
ORDER
Before Justices Bridges, Osborne, and Carlyle
On October 9, 2019 appellant filed an emergency motion requesting we stay the
execution of a writ of possession issued by the Justice Court on September 17, 2019. By order
dated October 9, 2019, we granted the motion to the extent that we stayed execution of the writ
of possession pending our resolution of the issue of our jurisdiction over this appeal. We also
sent a letter to the parties requesting appellant file a jurisdiction brief by October 21, 2019. On
October 10, 2019, we received appellee’s response to appellant’s motion for emergency stay. In
the response, appellee indicates that the writ of possession is set to expire on October 16, 2019.
Appellee further states appellant’s filing of “Statement of Inability to Afford Payment of Court
Costs or an Appeal Bond” is improper because such statements do not apply to commercial
leases. See TEX. PROP. CODE ANN. § 24.0052(a).
Accordingly, we ORDER appellant to file its reply to appellee’s response to its
emergency motion by 5:00p.m. MONDAY, OCTOBER 14, 2019. Among other things,
appellant’s reply should address the issues involving its statements of inability to pay.
/s/ DAVID L. BRIDGES
JUSTICE