DENY MOTION; and Opinion Filed November 3, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-01247-CV
ROGER AND EDNA PAYNE, Appellants
V.
GURLEY PLACE APARTMENTS, Appellee
On Appeal from the County Court at Law No. 5
Dallas County, Texas
Trial Court Cause No. CC-15-04830-E
MEMORANDUM OPINION TO REVIEW SUPERSEDEAS BOND
Before Chief Justice Wright, Justice Bridges, and Justice Stoddart
Opinion by Chief Justice Wright
Before the Court is appellants’ Emergency Motion for Supersedeas Bond to Continue the
Bond Already Set for Four Hundred Twenty-Five Dollars Being Paid Into the Court Registry.
Appellants request that the Court order the $425 supersedeas bond set by the justice court as
bond for the de novo appeal of this case to the county court at law to remain in place for the
appeal of this case to this Court. Appellants state that the county court denied their motion for
supersedeas bond on October 23, 2015.
Neither this Court nor the justice court has the authority to determine the initial amount
of the supersedeas bond that must be paid to stay the county court’s judgment pending appeal.
TEX. PROP. CODE ANN. § 24.007 (West 2014) (judgment of county court may not under any
circumstances be stayed pending appeal unless, within 10 days of the signing of judgment,
appellant files supersedeas bond in amount set by county court); TEX. R. CIV. P. 510.13
(judgment of county court may not be stayed unless within 10 days from judgment appellant files
a supersedeas bond in an amount set by county court pursuant to Section 24.007 of Texas
Property Code). Rather, the county court at law must set the amount of bond. TEX. PROP. CODE
ANN. § 24.007; TEX. R. CIV. P. 510.13. This Court may then, upon motion, review the trial
court’s determination whether to permit suspension of enforcement of the trial court’s judgment.
TEX. R. APP. P. 24.4(a)(4). Accordingly, we treat relator’s Emergency Motion for Supersedeas
Bond to Continue the Bond Already Set for Four Hundred Twenty-Five Dollars Being Paid Into
the Court Registry as a motion brought pursuant to rule 24.4.
We review a trial court's ruling setting post-judgment security under an abuse of
discretion standard. Mossman v. Banatex, L.L.C., 440 S.W.3d 835, 838 (Tex. App.—El Paso
2013, order) (opinion on motion for review of supersedeas bond). Although appellants’ motion
shows that they filed a $425 bond on October 2, 2015 to perfect their appeal from the justice
court to the county court at law, see TEX. R. CIV. P. 510.9(a), their motion does not demonstrate
they timely sought to supersede the October 6, 2015 judgment of the county court at law as
required by the property code and the rules of civil procedure. See TEX. PROP. CODE ANN. §
24.007; TEX. R. CIV. P. 510.13. Appellants’ motion does not establish any basis for concluding
that the county court abused its discretion in determining that suspension of enforcement of its
judgment should be denied. The deadline has passed for the filing of a supersedeas bond in this
case. TEX. PROP. CODE ANN. § 24.007. We deny the motion and affirm the trial court’s order in
all respects.
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
151247F.P05
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