Charles W. Haynes and Pamela Haynes v. Spirit of Texas Bank, SSB

NUMBER 13-18-00334-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
CHARLES W. HAYNES AND PAMELA HAYNES, Appellants,
v.
SPIRIT OF TEXAS, SSB, Appellee.
On appeal from the County Court
of Burleson County, Texas.
ORDER
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Order Per Curiam
This cause is before the Court on an “Emergency Motion for Temporary
Restraining Order” filed by appellants Charles W. Haynes and Pamela Haynes after the
close of business on Friday, June 29, 20118. They seek to stay execution of a writ of
possession. Appellants have not filed a bond because they assert that the bond that has
been set by the trial court is excessive. Appellants have not supported their motion with
arguments and authorities or evidence substantiating their assertion that the writ of
execution should be stayed.
Appellee Spirit of Texas Bank, SSB has filed a letter response to this motion.
Appellee asserts that judgment was entered in its favor on May 23, 2018; the trial court
set a supersedeas bond in the amount of $10,000.00 on June 11, 2018; and appellants
have not filed a bond. Appellee further states that the writ of possession was served on
appellants on June 11, 2018 and that appellants were provided with additional time to
respond. The notice of enforcement of the writ of possession was ultimately posted on
Friday, June 29, 2018.
Under the Texas Property Code, 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 (West, Westlaw through 2017 1st C.S.).
The record and briefing provided by appellants fail to show that they have filed a
supersedeas bond and further fail to provide us with any possible exception to this
statutory requirement. Thus, we may not stay the order of eviction. See id.
Accordingly, the emergency motion for temporary restraining order is DENIED.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
2nd day of July, 2018.
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