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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114099
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Se Appellant in TX 1st CoA. At issue is the Marital Real

Customer Question

I am Pro se Appellant in TX 1st CoA. At issue is the Marital Real Property, (3 contiguous parcels, all three Warranty deeds to Appellant and Appellee) I have found out that the Appellee has sold the Real Property. I have not signed over nor have I consented to any sale or transfer of title. What can I do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You are on appeal, did the appellee win the case and was given ownership of the property and sold it before you filed your appeal? Did you have a motion to stay the judgment pending appeal filed?

Customer: replied 1 year ago.
The appellee won at trial. I filed timely appeal accepted by TX 1st CoA. I filed appellant's brief in April, 2015. Appellee filed brief in July, 2015. I filed reply brief in two weeks ago. It is my understanding that the trial court's judgment is stayed by the filing of my appeal. Appellee was awarded an equitable reimbursement claim.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Not necessarily is a judgment automatically stayed on appeal in Texas. Texas Rule of Appellate Procedure 25.1(g) says a stay is not automatic by just filing an appeal. However, the litigant filing the appeal may supersede the judgment (1) by agreement of the parties; (2) by filing a supersedeas bond; (3) by making a deposit with the trial court clerk; or (4) by providing alternate security ordered by the trial court. See Texas Rule of Appellate Procedure 24.1(a).

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