Michael Gay Cook v. Caroline D. Cook ( 2015 )

Order entered December 22, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-01493-CV
MICHAEL GAY COOK, Appellant
V.
CAROLINE D. COOK, Appellee
On Appeal from the County Court at Law
Rockwall County, Texas
Trial Court Cause No. CI15-070
ORDER
Before Justices Lang, Fillmore and Brown
Before the Court is Appellant’s December 22, 2015 Application for Restraining Order in
which appellant requests that the Court prohibit appellee from enforcing the trial court’s writ of
possession for the property that is the subject of this appeal. On December 10, 2015, appellant
filed a motion in this Court to reduce supersedeas bond contending that the trial court had set the
supersedeas bond at $1800, an amount he could not pay and that would cause him substantial
economic harm. Because the clerk’s record filed in the appeal did not contain an order setting
the amount of supersedeas bond, on December 14, 2015, we ordered the Rockwall County Clerk
to file a supplemental clerk’s record containing a copy of the order setting supersedeas bond or
written verification that such an order could not be located. On December 15, 2015, the
Rockwall County Clerk responded that the clerk’s office could not locate an order from the trial
court setting a supersedeas bond. By letter dated December 21, 2015, the official court reporter
of the Rockwall County Court at Law advised the Court that there was no hearing setting a
supersedeas bond in the case and that it was her understanding that no motion has been filed
requesting the setting of a supersedeas bond. Appellant also has not included a copy of any order
setting the supersedeas bond in support of either his motion to reduce supersedeas bond or his
application for temporary restraining order.
Under the Texas Property Code, the judgment of the county court granting a writ of
possession may not under any circumstances be stayed pending appeal unless, within 10 days of
the signing of the trial court’s judgment, the appellant files a supersedeas bond in the amount set
by the county court. TEX. PROP. CODE ANN. § 24.007 (West 2014); TEX. R. CIV. P. 510.13. The
record before the Court does not reflect that appellant has filed a supersedeas bond in the amount
determined by the county court. Accordingly, we lack the authority to grant the relief requested.
We DENY appellant’s application for temporary restraining order.
/s/ ROBERT M. FILLMORE
JUSTICE