DOMINGUEZ v. DOMINGUEZ, 08-17-00118-CV. (2017)
Court: Court of Appeals of Texas
Number: intxco20170713651
Visitors: 8
Filed: Jul. 12, 2017
Latest Update: Jul. 12, 2017
Summary: ORDER PER CURIAM . Pending before the Court is Appellee's motion to dismiss the appeal because Appellant did not post a supersedeas bond. The trial court awarded judgment to Appellee in the amount of $135,000 plus pre-judgment interest in the amount of $13,851.37. Additionally, the judgment provides that the Special Warranty Deed from Appellant to Appellee executed on March 11, 2013 is a valid transfer of property, and it removed the lien placed on the subject property by Appellant. Accordin
Summary: ORDER PER CURIAM . Pending before the Court is Appellee's motion to dismiss the appeal because Appellant did not post a supersedeas bond. The trial court awarded judgment to Appellee in the amount of $135,000 plus pre-judgment interest in the amount of $13,851.37. Additionally, the judgment provides that the Special Warranty Deed from Appellant to Appellee executed on March 11, 2013 is a valid transfer of property, and it removed the lien placed on the subject property by Appellant. According..
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ORDER
PER CURIAM.
Pending before the Court is Appellee's motion to dismiss the appeal because Appellant did not post a supersedeas bond. The trial court awarded judgment to Appellee in the amount of $135,000 plus pre-judgment interest in the amount of $13,851.37. Additionally, the judgment provides that the Special Warranty Deed from Appellant to Appellee executed on March 11, 2013 is a valid transfer of property, and it removed the lien placed on the subject property by Appellant. According to Appellee's motion, Appellant has not superseded the judgment as provided for by Rule 24 of the Texas Rules of Appellate Procedure. See TEX.R.APP.P. 24.1, 24.2. While, Appellant's failure to supersede the judgment does not divest Appellant of the right to appeal, the mere filing the notice of appeal does not suspend enforcement of the trial court's judgment. Consequently, Appellee may enforce the judgment, and this may result in the appeal becoming moot which would subject it to dismissal at a later point in these proceedings. Appellee's motion to dismiss the appeal is DENIED. Appellant's request for an award of attorney's fees is DENIED. An appellate court does not have authority to award attorney's fees to a party for filing a response to a motion to dismiss.
IT IS SO ORDERED.
Source: Leagle
