Marcy Lerch v. Wilmington Trust NA Successor Trustee for the Merrill Lynch Mortgage Investor Trust Series 2006-HE5

Summary

The First District Court of Appeals of Texas denied Marcy Lerch’s application for a temporary restraining order, temporary injunction, and permanent injunction seeking to stay execution of a writ of possession pending appeal. The court held that the record did not show that Lerch had filed the supersedeas bond required to stay a county-court eviction judgment under Texas Property Code section 24.007(a).

Holdings

1. The court of appeals may issue writs only as necessary to enforce and protect its jurisdiction and may not issue an injunction solely on equitable grounds to preserve the status quo or protect a party from damage pending appeal.
2. A county-court eviction judgment may not be stayed pending appeal unless, within ten days after the judgment is signed, the appellant files a supersedeas bond in an amount set by the county court.

Questions Presented

1. Whether the court of appeals could issue injunctive relief solely to preserve the status quo or protect Lerch from damage pending appeal.
2. Whether the court could stay a county-court eviction judgment pending appeal absent proof that Lerch timely filed the required supersedeas bond.

Disposition

denied