Dolores Fay Bovis v. Valerie Manis and Susan Zinnecker Poole

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00467-CV
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DOLORES FAY BOVIS, Appellant
V.
VALERIE MANIS AND SUSAN ZINNECKER POOLE, Appellees
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On Appeal from the County Court at Law No. 2
Montgomery County, Texas
Trial Cause No. 14-28329
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ORDER
The trial court signed a judgment for possession of real property on October
13, 2014. The judgment requires that appellant, Dolores Fay Bovis, file a bond in
the amount of $2100.00 to supersede the judgment. On November 19, 2014, Bovis
filed a motion seeking appellate review of the amount of security required to
supersede the judgment. See Tex. R. App. P. 24.4. In setting the supersedeas bond
in a forcible detainer suit, the county court must take into consideration the value
of rents likely to accrue during appeal, damages that may occur as the result of the
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stay during appeal, and other damages or amounts as the court may deem
appropriate. Tex. Prop. Code Ann. § 24.007(a) (West 2014). Bovis has not shown
that the trial court failed to properly apply section 24.007(a). See id. Appellant’s
motion for reduction of supersedeas bond is denied.
On November 20, 2014, Bovis filed an Emergency Motion to Stay Judgment
with a copy of the Judgment of Eviction attached. “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. Id. Bovis has not
demonstrated her timely compliance with the statute. Appellant’s motion for
emergency stay is denied.
ORDER ENTERED November 20, 2014.
PER CURIAM
Before Kreger, Horton, and Johnson, JJ.
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