effectual relief

The court of appeals determined that Marshall’s appeal was moot and dismissed the appeal for want of jurisdiction, although it did not vacate the trial court’s judgment. The court of appeals reasoned that because Marshall had relinquished possession of the apartment, the court could no longer grant effectual relief. ___ S.W.3d ___

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Texas Supreme Court Opinion on "Failure to Post Supersedeas Bond"

A. Failure to Post Supersedeas Bond

Marshall argues that her failure to post a supersedeas bond pursuant to Texas Property Code Section 24.007 does not prevent her from appealing the trial court’s judgment. Her argument anticipates the Housing Authority’s position that Marshall’s appeal must be dismissed because a supersedeas bond is required to perfect an appeal. See Reyes v. R.C. Mgmt., Inc., No. 04-01-00405-CV, 2001 WL 1479256, at *1 (Tex. App.—San Antonio, Nov. 21, 2001, pet. denied) (not designated for publication). We agree with Marshall.

The Texas Property Code provides that judgment in a forcible detainer action may not be stayed pending appeal unless the appellant timely files a supersedeas bond in the amount set by the trial court. Tex. Prop. Code § 24.007. Thus, if a proper supersedeas bond is not filed, the judgment may be enforced, including issuance of a writ of possession evicting the tenant from the premises. However, there is no language in the statute which purports to either impair the appellate rights of a tenant or require a bond be posted to perfect an appeal. See id. Marshall’s failure to supersede the judgment did not divest her of her right to appeal. See Tex. R. Civ. P. 621, 627; Tex. R. App. P. 24, 25.