Johnny Vasquez v. Sonia Sotello

Summary

The Fourth Court of Appeals of Texas denied Johnny Vasquez’s motion for an emergency stay of a writ of possession arising from a county court judgment for possession of a manufactured home. The court held that the motion did not show compliance with Texas Property Code section 24.007, including the filing of a supersedeas bond within the required period, and denied relief without prejudice.

Holdings

1. A county court 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. Because Vasquez's motion did not show compliance with that requirement, emergency relief was denied.

Questions Presented

1. Whether the court of appeals could stay the county court's judgment and writ of possession pending appeal without evidence that the appellant timely filed a supersedeas bond in the amount set by the county court.

Disposition

writ_denied