In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00305-CV
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D & K TRANSMISSION SPECIALTIES, INC., DARRELL
WESTERKAMP, AND KELLY WESTERKAMP, Appellants
V.
F. MICHAEL DAVIS AND DEBORAH F. DAVIS, Appellees
_______________________________________________________ ______________
On Appeal from the County Court at Law No. 2
Montgomery County, Texas
Trial Cause No. 14-28106 CV
________________________________________________________ _____________
ORDER
D & K Transmission Specialties, Inc., Darrell Westerkamp, and Kelly
Westerkamp, Appellants, filed a second emergency motion for suspension of
enforcement of judgment and also sought suspension of a writ of possession.
Appellants contend they filed a deposit in lieu of bond within ten days of the
signing of the judgment, which they argue satisfies the requirements for suspension
of enforcement of the judgment. See Tex. R. App. P. 24.1(c)(1)(B). Appellees
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contend they asked the trial court to cause the writ of possession to issue because
the trial court had not set the amount of the supersedeas bond within ten days of
the signing of the judgment. See Tex. Prop. Code Ann. § 24.007(a) (West Supp.
2014). Appellants contend that they filed a motion with the trial court, asking the
trial court exercise its continuing jurisdiction to set the amount of security. See
Tex. R. App. P. 24.3. However, according to the Appellee, “on August 7, 2014, the
trial court found that no supersedeas bond had been filed and issued a writ of
possession.” Neither party has provided this Court with a copy of any transcripts
from any hearings, findings, if any, from the trial court, the respective motions or
related documents they filed with the trial court, or a copy of the writ of
possession. Liberally construed, Appellants’ emergency motions seek appellate
review of the trial court’s ruling to allow a writ of possession to issue after the
Appellants’ paid $29,200.00 within 10 days of the judgment, by cashier’s check, to
the clerk of court.
The Court has determined that temporary relief is necessary to protect the
parties’ rights. See Tex. R. App. P. 24.4(c). It is, therefore, ORDERED that the
writ of possession issued in Cause No. 14-28106 CV is STAYED until further
order of this Court. Id.
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The Appellees shall file a response to the Emergency Motions with this
court no later than August 25, 2014.
ORDER ENTERED August 14, 2014.
PER CURIAM
Before Kreger, Horton, and Johnson, JJ.
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