Wlliam A. Baldwin and All Other Occupants v. LPP Mortgage, LTD ( 2014 )

Order filed December 15, 2014
In The
Fourteenth Court of Appeals
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NO. 14-14-00975-CV
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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.