Fourth Court of Appeals
San Antonio, Texas
September 2, 2021
No. 04-21-00364-CV
Rogerio ESTRADA, Jr., Individually and d/b/a Quick Auto Service,
Appellant
v.
SAFE T EQ, LLC,
Appellee
From the 381st Judicial District Court, Starr County, Texas
Trial Court No. DC-20-465
Honorable Jose Luis Garza, Judge Presiding
ORDER
Sitting: Rebeca C. Martinez, Chief Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
On August 27, 2021, Appellant Rogerio Estrada, Individually and d/b/a Quick Auto
Service, filed a notice of restricted appeal, seeking review of a default judgment against him. On
August 31, 2021, Estrada filed a Motion for Immediate Temporary Relief to Stay All
Proceedings. Specifically, Estrada seeks a stay of any attempt to execute the judgment pending
appeal. In his motion, Estrada makes arguments regarding the merits of his restricted appeal;
however, he fails to show why he is entitled to an emergency stay of all proceedings pending
appeal, including why he cannot supersede the judgment in accordance with the Texas Rules of
Appellate Procedure. See TEX. R. APP. P. 24 (Suspension of Enforcement of Judgment Pending
Appeal in Civil Cases); see also 5 MCDONALD & CARLSON, TEX. CIV. PRAC. § 30:15) (Dec. 2020
Update) (explaining that “review of final judgments by a restricted appeal to the court of appeals
. . . qualify as an appeal” for purposes of superseding the final judgment).
Appellant’s motion is DENIED.
_________________________________
Liza A. Rodriguez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 2nd day of September, 2021.
___________________________________
MICHAEL A. CRUZ, Clerk of Court