Carolyn R. Dawson v. Kevin Pakenham

COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER
Appellate case name: Carolyn R. Dawson v. Kevin J. Pakenham
Appellate case number: 01-19-00572-CV
Trial court case number: 19-CCV-064653
Trial court: County Court at Law No. 1 of Fort Bend County
Appellant, Carolyn R. Dawson, has filed a notice of appeal of the trial court’s final
summary judgment order signed on July 31, 2019 in a forcible detainer proceeding. And,
she has filed an emergency motion for stay of execution of writ of possession pending
appeal.
A judgment in a forcible detainer action may not be stayed pending appeal unless
the appellant files, within 10 days of the signing of the judgment, a supersedeas bond in
the amount set by the trial court. TEX. PROP. CODE ANN. § 24.007; see Marshall v. Hous.
Auth. of the City of San Antonio, 198 S.W.3d 782, 786 (Tex. 2006) (“[I]f 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.”); Guillen v. U.S. Bank, N.A., 494
S.W.3d 861, 865 (Tex. App.—Houston [14th Dist.] 2016, no pet.) (“If the supersedeas
bond is not posted, then the writ will be executed . . . .”).
Accordingly, we deny appellant’s motion.
It is so ORDERED.
Judge’s signature: /s/ Julie Countiss
 Acting individually  Acting for the Court
Date: ___August 9, 2019___
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