Amanda Garcia v. Andrea Arcides

Opinion filed September 19, 2024

In The

Eleventh Court of Appeals
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No. 11-24-00214-CV
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AMANDA GARCIA, Appellant
V.
ANDREA ARCIDES, Appellee

On Appeal from the County Court at Law No. 2
Ector County, Texas
Trial Court Cause No. CCL2-23042

MEMORANDUM OPINION
Appellant, Amanda Garcia, filed a notice of appeal from the county court’s
order denying her motion to stay the writ of possession.
Appellant is the defendant-tenant in the underlying eviction suit involving
residential property. The justice court entered a judgment in favor of the plaintiff-
landlord (Appellee), ordered Appellant to vacate the premises, and to pay delinquent
rent of $3,798.49. The justice court also issued a writ of possession and set the
appeal bond at $500. See TEX. PROP. CODE ANN. § 24.0061 (West 2023); TEX. R.
CIV. P. 510.8(b), (d). Appellant appealed to the county court at law and moved to
stay the execution of the writ of possession issued by the justice court. The county
court denied Appellant’s motion and scheduled the cause for a hearing. Prior thereto,
Appellant sought to appeal the county court’s order denying her motion to stay the
execution of the writ of possession.
Upon receipt of Appellant’s notice of appeal on August 5, 2024, we notified
her that the county court’s denial did not appear to be an appealable order and
requested that she show grounds to continue this appeal. We further informed
Appellant that the failure to respond by August 26, 2024 may result in the dismissal
of the appeal. See TEX. R. APP. P. 42.3. We have received no response.
Appeals may be taken “from ‘final decrees and judgments,’” and interlocutory
orders from which an appeal is expressly authorized by statute. See TEX. CIV.
PRAC. & REM. CODE ANN. § 51.012 (West 2015), § 51.014(a) (West Supp. 2023);
Industrial Specialists, LLC v. Blanchard Refining Co., LLC, 652 S.W.3d 11, 13–14
(Tex. 2022) (quoting Judiciary Act of 1789, ch. XX, § 22, 1 Stat. 73, 84 (codified at
28 U.S.C. § 1291 (2012))). Eviction cases are governed by the Property Code and
the Rules of Civil Procedure. See generally PROP. §§ 24.004–.007; TEX. R.
CIV. P. 510. Disputes over possession of residential property are litigated in the
justice court, and may be appealed to the county court “to be tried de novo[.]” PROP.
§§ 24.004, 24.00512(f); TEX. R. CIV. P. 510.9, 510.10(c). The losing party may then
appeal the county court’s “final judgment . . . on the issue of possession” to
intermediate appellate courts. See PROP. § 24.007.
Here, the order denying Appellant’s motion to stay the execution of the writ
of possession is not a final judgment over which this court has jurisdiction. See
PROP. § 24.007; In re Invum Three, LLC, 530 S.W.3d 748, 749 (Tex. App.—Houston
[14th Dist.] 2017, no pet.) (“[T]he rules do not provide for a right to appeal an order
staying the execution of a writ of possession.”); see also Benavides v. Wilmington
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Trust, Nat’l Assoc. as Trustee of MFRA Trust 2014-2, No. 4-21-00446-CV, 2022
WL 106171, at *1 (Tex. App.—San Antonio Jan. 12, 2022, no pet.) (mem. op.).
Instead, a tenant may legally maintain possession of the property pending appeal in
the county court by, among other things, paying a designated amount of rent into
the justice court or county court registry “as rent becomes due.” See PROP.
§§ 24.0053–.0054; TEX. R. CIV. P. 510.8(d)(3), 510.9(c)(5)(B).
Accordingly, we dismiss this appeal for want of jurisdiction.

JOHN M. BAILEY
CHIEF JUSTICE

September 19, 2024
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.

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