Michael Gay Cook v. Caroline D. Cook ( 2015 )

ACCEPTED
05-15-01493-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
12/10/2015 9:11:10 AM
LISA MATZ
CLERK
CAUSE NO. 05-15-01493-CV
MICHAEL GAY COOK, IN THE COURT OF APPEALS
APPELLANT FILED IN
5th COURT OF APPEALS
DALLAS, TEXAS
VS. 12/10/2015 9:11:10 AM
LISA MATZ
Clerk
CAROLINE D. COOK,
APPELLEE FIFTH DISTRICT OF TEXAS AT DALLAS
DEFENDANT’S MOTION TO REDUCE SUPERSEDEAS BOND
COMES NOW, Michael Gay Cook, Defendant in the above styled cause of action, which he, as appellant,
has appealed to the 5th District Court of Appeals, and files this motion pursuant to Tex. R. App. P. 24
requesting the supersedeas bond be reduced, and would show unto this honorable Court the following
matters to wit:
1. Appellant is retired and has a set income of $1,048 per month. The Trial Court set the superedeas
bond at $1800. This appeal rises from a forcible entry and detainer action over an oral lease agreement
with a monthly rental of $300 per month paid in bimonthly installments of $150 each.
2. The amount of the supersedeas bond will cause the Appellant substantial economic harm. The
Appellate Court has the power to review the excessiveness of the amount of a supersedeas bond. See In
re: It’s The Berry’s. LLC, 12-06-00298-CV, 2006 Tex. App. LEXIS 9146 (Tex App-Tyler, October 25,
2006).
3. The Texas Supreme Court has established in Marshall v. Housing Authority of City of San Antonio,
198 SW3rd 782 (Tex 2006) that a tenant is not required to post a supersedeas bond in order to appeal a
judgment of possession in an eviction case.
WHEREFORE, Appellant prays that this motion be set for hearing and that upon hearing the
Appellate Court will issue an order lowering the amount of the supersedeas bond to an amount that will not
subject the Appellant to substantial economic harm.
Respectfully submitted this the 10th day of December, 2015.
Kerry L. Prisock
Kerry L. Prisock
State Bar Number 24082005
Post Office Box 1051
Rockwall, Texas 75087
Telephone: 214-632-3823
Facsimile: 469-252-7496
kprisocklegal@sbcglobal.net
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been served upon opposing counsel by
electronic means.
Kerry L. Prisock
Kerry L. Prisock
State Bar Number 24082005
Post Office Box 1051
Rockwall, Texas 75087
Telephone: 214-632-3823
Facsimile: 469-252-7496
kprisocklegal@sbcglobal.net
ATTORNEY FOR APPELLANT