Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
appeal from the County Court of Willacy County, Texas.
Justices Benavides, Hinojosa, and Perkes
GREGORY T. PERKES JUSTICE
Yvette Hernandez appeals from a final judgment rendered in
favor of appellee First Bank d/b/a First Bank Mortgage, its
Successors and Assigns, on its forcible detainer claim. By
two issues, Hernandez contends the trial court erred by: (1)
entering a final judgment that did not comply with statutory
requirements; and (2) denying her request for a jury trial.
resides at the property commonly known as 8620 Simo Road,
Lyford, Texas 78569. First Bank purchased the property at a
foreclosure sale and instituted a forceable detainer action
against Hernandez in the local justice of the peace court.
The justice of the peace entered a judgment in favor of First
Bank, and Hernandez filed a notice of appeal to the Willacy
Willacy County Clerk sent Hernandez a notice that a $341
filing fee must be paid in order to perfect the appeal. The
fee was paid, and an order was issued on March 15, 2018,
setting the trial for April 11, 2018.
the trial commenced, Hernandez requested a jury in open
court. There is no written request for a jury in the
clerk's record and the $341 filing fee paid by Hernandez
did not include a jury fee. See Tex. R. Civ. P. 216.
The trial judge denied the request.
conducting a bench trial, the trial court announced a
judgment in favor of First Bank and informed Hernandez that
she had ten days to vacate the property or a writ of
possession would be issued. The court also set the appeal
bond at $3, 600.
days after the trial, on April 20, 2018, the court signed a
written judgment that awarded First Bank possession of the
property and a conditional writ of possession if Hernandez
did not vacate the property by April 21, 2018, the tenth day
after the trial court rendered judgment in open court. Two
days later, on April 23, 2018, First Bank requested that the
Willacy County Clerk issue a writ of possession.
next day, on April 24, 2018, Hernandez filed a motion to
modify the judgment, urging the trial court to postpone the
writ's issuance date until April 30, 2018, the tenth day
after the judgment was signed. See Tex. Prop. Code
Ann. § 24.007. On April 30, 2018, the trial court
ordered the writ to be issued the following day, the eleventh
day after the judgment was signed, and denied Hernandez's
motion as moot. Although a writ was issued the following day,
there is no officer's return in the clerk's record
indicating that the writ was executed.
3, 2018, Hernandez filed her notice of appeal to this Court.
On August 17, 2018, this Court notified Hernandez that she
had failed to request a reporter's record and arrange for
payment of the record. See Tex. R. App. P. 37.3(c).
The Court instructed Hernandez to cure the defect within ten
days and provide proof of compliance or "the Court will
consider and decide those issues or points that do not
require a reporter's record for a decision." To
date, the Court has no record of Hernandez requesting or
paying for a reporter's record.
brief to this Court, First Bank states Hernandez "is
still currently living on the property." Hernandez did
not claim in her brief that she has been dispossessed of the
property, and she did not file a reply brief contesting First
Bank's representation that she continues to reside at the
property. See id. R. 38.3.