Luis Leandro v. Sylvia Medina ( 2021 )

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Fourth Court of Appeals
San Antonio, Texas
July 21, 2021
No. 04-21-00275-CV
Luis Ortiz LEANDRO,
Appellant
v.
Sylvia MEDINA,
Appellee
From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 2021CV01339
Honorable J Frank Davis, Judge Presiding
ORDER
Sitting: Rebeca C. Martinez, Chief Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
This is an appeal in an eviction action. Appellant has filed a motion for an emergency
stay of the issuance of the writ of possession. In essence, appellant is asking that we stay the
county court’s judgment pending our determination of the appeal. However, the county court did
not set a supersedeas bond and appellant did not file a supersedeas bond as required by the Texas
Property Code. See TEX. PROP. CODE ANN. § 24.007 (“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.1
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Liza A. Rodriguez, Justice
1 We do not address the merits of appellant’s appeal in this order.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 21st day of July, 2021.
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MICHAEL A. CRUZ, Clerk of Court