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Fourth Court of Appeals
San Antonio, Texas
April 5, 2021
No. 04-21-00100-CV
Penny ALBAUGH,
Appellant
v.
James WARD and Elda Gonzalez,
Appellees
From the County Court, Frio County, Texas
Trial Court No. 9642
Honorable Arnulfo C. Luna, Judge Presiding
ORDER
This is an appeal in an eviction action. Appellant has filed a motion for an emergency
stay of the issuance of the writ of possession. In essence, appellant is asking that we stay the
county court’s judgment pending our determination of the appeal. However, appellant did not
file the requisite supersedeas bond as required by the Texas Property Code. See TEX. PROP.
CODE ANN. § 24.007 (“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.”).
Accordingly, we DENY appellant’s motion. See id.1
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Rebeca C. Martinez, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 5th day of April, 2021.
1 We do not address the merits of appellant’s appeal in this order.
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MICHAEL A. CRUZ, Clerk of Court