Sec. 24.007. APPEAL. A final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises in question are being used for residential purposes only. 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. In setting the supersedeas bond the county court shall provide protection for the appellee to the same extent as in any other appeal, taking into consideration the value of rents likely to accrue during appeal, damages which may occur as a result of the stay during appeal, and other damages or amounts as the court may deem appropriate.
Acts 1983, 68th Leg., p. 3516, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1205, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 2.02(a), eff. January 1, 2012.
Acts 2015, 84th Leg., R.S., Ch. 1113 (H.B. 3364), Sec. 1, eff. January 1, 2016.
Notes of Decisions
Marshall v. Hous. Auth. of San Antonio, 198 S.W.3d 782 (Tex. 2006).
· cites it 5× “Following a hearing on November 7, 2002, a supersedeas bond amount was set pursuant to Texas Property Code Section 24.007, but Marshall did not post bond.”
Hong Kong Dev., Inc. v. Nguyen, 229 S.W.3d 415 (Tex. App. 2007).
· cites it 3× “In contrast, we have plenary appellate jurisdiction to consider challenges to matters raised by the tort-suit pleadings, regardless of whether those matters *433 were also raised by the forcible-detainer pleadings.”
Alex Hernandez v. US Bank Trust NA as Tr. for LSF8 Master Participation Trust, 527 S.W.3d 307 (Tex. App. 2017).
· cites it 3× “In setting the supersedeas bond the county court shall provide protection for the appellee to the same extent as in any other appeal, taking into consideration the value of rents likely to accrue during appeal, damages which may occur as a result of the stay during appeal, and…”
Sultan v. Mathew, 178 S.W.3d 747 (Tex. 2005).
· cites it 2× “") [61] TEX. PROP.CODE § 24.007. [62] TEX. HEALTH & SAFETY CODE § 821.”
Rice v. Pinney, 51 S.W.3d 705 (Tex. App. 2001).
“” Tex. PROP. Code Ann. § 24.007 (Vernon 2000) (emphasis supplied).”
West Anderson Plaza v. Feyznia, 876 S.W.2d 528 (Tex. App. 1994).
· cites it 3× “In a forcible-detainer action, the issue of possession is not appealable where, as here, the premises are used for commercial purposes: "A final judgment of a county court in a forcible entry and detainer suit or a forcible detainer suit may not be appealed on the issue of…”
Falcon v. Ensignia, 976 S.W.2d 336 (Tex. App. 1998).
· cites it 2× “007 of the property code, which states “[a] final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises in question are being used for residential purposes only” Tex PROP.Code Ann. § 24.007 (Vernon 1994).”
— Tex. Prop. Code § 24.007(a) — 33 cases
— Tex. Prop. Code § 24.007(b) — 1 case
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