DENY; and Opinion Filed December 1, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-01462-CV
IN RE DANIEL PEARSON, Relator
Original Proceeding from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-15-05015-C
MEMORANDUM OPINION
Before Justices Lang, Fillmore, and Brown
Opinion by Justice Lang
In this petition for writ of injunction relator Daniel Pearson requests that the Court issue
an order staying execution of the trial court’s final judgment, which grants a writ of possession to
real party in interest Joseph Kemp, as Administrator of the Estate of Lou Bertha Brooks. Relator
states he filed a motion in the trial court to set the amount required to supersede the judgment,
but the motion “was rejected for deficiencies.” The Texas Property Code provides: “A judgment
of a county court 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.” TEX. PROP. CODE ANN. § 24.007(a) (West Supp. 2015). Because relator has
not superseded the trial court’s judgment, this Court may not grant the relief requested.
We DENY the petition.
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE
151462F.P05
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