Diane R. Mendez v. Pablo Garcia

Fourth Court of Appeals
San Antonio, Texas
March 26, 2019
No. 04-19-00137-CV
Diane R. MENDEZ, et al.,
Appellants
v.
Pablo GARCIA,
Appellee
From the County Court At Law No. 10, Bexar County, Texas
Trial Court No. 2019CV02108
Honorable David J. Rodriguez, Judge Presiding
ORDER
Sitting: Sandee Bryan Marion, Chief Justice
Rebeca C. Martinez, Justice
Liza A. Rodriguez, Justice
This is an appeal of a final judgment of a county court in an eviction suit. Appellant has
filed a motion requesting that we stay the judgment of eviction. This court is not, however,
authorized to stay the county court’s judgment pending this appeal under any circumstances
“unless, within 10 days of the signing of the judgment, the appellant file[d] a supersedeas bond
in an amount set by the county court.” See TEX. PROP. CODE ANN. § 24.007(a); see also TEX. R.
CIV. P. 510.13. Here, the record reflects that appellant did not appear and a default judgment of
eviction was taken. Because neither the record nor the appellant’s motion reflects that a
supersedeas bond was filed by appellant within ten (10) days of the judgment, we have no choice
but to DENY appellant’s motion to stay eviction.
_________________________________
Liza A. Rodriguez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 26th day of March, 2019.
___________________________________
KEITH E. HOTTLE,
Clerk of Court