Timothy K. Elkins and Carolyn M.Elkins v. DEB Fall Creek Holdings LLC

COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER
Appellate case name: Timothy K. Elkins and Carolyn M.Elkins v. DEB Fall Creek Holdings
LLC
Appellate case number: 01-19-00957-CV
Trial court case number: 1143988
Trial court: County Civil Court at Law No. 3 of Harris County
On December 16, 2019, appellant, Timothy K. Elkins, filed a motion requesting that this
Court stay execution of a writ of possession. The County Civil Court at Law No. 3 of Harris County
signed the judgment against appellant in the underlying eviction suit on November 21, 2019. The
record does not indicate that a supersedeas bond was filed within 10 days of the signed judgment.
Accordingly, appellant’s motion for a temporary stay must be DENIED. See TEX. PROP. CODE §
24.007(a) (“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.”).
It is so ORDERED.
Judge’s signature: _/s/ Gordon Goodman_____
Acting individually
Date: __December 19, 2019___