Rogerio Estrada, Jr., Individually and D/B/A Quick Auto Service v. Safe T EQ, LLC ( 2021 )


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  •                              Fourth Court of Appeals
    San Antonio, Texas
    September 2, 2021
    No. 04-21-00364-CV
    Rogerio ESTRADA, Jr., Individually and d/b/a Quick Auto Service,
    Appellant
    v.
    SAFE T EQ, LLC,
    Appellee
    From the 381st Judicial District Court, Starr County, Texas
    Trial Court No. DC-20-465
    Honorable Jose Luis Garza, Judge Presiding
    ORDER
    Sitting:         Rebeca C. Martinez, Chief Justice
    Liza A. Rodriguez, Justice
    Lori I. Valenzuela, Justice
    On August 27, 2021, Appellant Rogerio Estrada, Individually and d/b/a Quick Auto
    Service, filed a notice of restricted appeal, seeking review of a default judgment against him. On
    August 31, 2021, Estrada filed a Motion for Immediate Temporary Relief to Stay All
    Proceedings. Specifically, Estrada seeks a stay of any attempt to execute the judgment pending
    appeal. In his motion, Estrada makes arguments regarding the merits of his restricted appeal;
    however, he fails to show why he is entitled to an emergency stay of all proceedings pending
    appeal, including why he cannot supersede the judgment in accordance with the Texas Rules of
    Appellate Procedure. See TEX. R. APP. P. 24 (Suspension of Enforcement of Judgment Pending
    Appeal in Civil Cases); see also 5 MCDONALD & CARLSON, TEX. CIV. PRAC. § 30:15) (Dec. 2020
    Update) (explaining that “review of final judgments by a restricted appeal to the court of appeals
    . . . qualify as an appeal” for purposes of superseding the final judgment).
    Appellant’s motion is DENIED.
    _________________________________
    Liza A. Rodriguez, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 2nd day of September, 2021.
    ___________________________________
    MICHAEL A. CRUZ, Clerk of Court
    

Document Info

Docket Number: 04-21-00364-CV

Filed Date: 9/2/2021

Precedential Status: Precedential

Modified Date: 9/7/2021