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Patrick Hurd v. Braeswood Atrium

Citation: Not availableDocket: 01-13-00239-CV

Court: Court of Appeals of Texas; April 5, 2013; Texas; State Appellate Court

Original Court Document: View Document

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An emergency motion filed by Patrick Hurd to recall and quash a writ of possession was addressed by the Court of Appeals for the First District of Texas. The motion, submitted on April 4, 2013, was denied because an appeal alone does not supersede a writ of possession under Texas Property Code § 24.007. The appellant was required to file a supersedeas bond within 10 days of the judgment's signing, which he failed to do, as no evidence of such filing was presented. Although Hurd submitted a Pauper’s Affidavit for Appeal, he did not file a separate Notice of Appeal, which is necessary to invoke the court's jurisdiction. The court warned that failure to file the Notice of Appeal in a timely manner would result in dismissal for lack of jurisdiction. The order was signed by Justice Michael Massengale on April 5, 2013.