Mount v. Escondido Vill.

1

MICHAEL MOUNT, Appellant v. ESCONDIDO VILLAGE, LLC, Appellee

No. 10-21-00300-CV

Court of Appeals of Texas, Tenth District

August 17, 2022

From the County Court at Law No. 1 Johnson County, Texas Trial Court No. CC-C20210508

Before Chief Justice Gray, Justice Johnson, and Justice Smith

MEMORANDUM OPINION

STEVE SMITH JUSTICE

Michael Mount appeals from the trial court's judgment ordering him to vacate a manufactured home lot. We affirm.

On August 17, 2021, Escondido Village filed a Petition for Forcible Detainer in Justice Court in Johnson County. Escondido Village alleged that Mount was a tenant in its manufactured home community and that Mount had breached the lease agreement by failing to pay rent. Escondido Village sought possession of the property, Lot 202-H located at 202 Hereford in Burleson, Texas. On August 31, 2021, the Justice Court signed its judgment ordering Mount to move his mobile home from lot 202-H located at 202 Hereford in Burleson. Mount appealed the Justice Court judgment to the County Court at Law 1 in Johnson County.

After a hearing, the trial court entered its judgment that Mount and all occupants vacate lot 202-H, located at 202 Hereford in Burleson, Texas and that all funds placed in the registry of the Court by Mount be immediately released to Escondido Village. The trial court further ordered that all writs necessary to enforce its judgment be issued in accordance with the laws of the State of Texas and that writ of possession should issue on December 6, 2021. Mount appealed from that judgment.

On December 6, 2021, Mount filed an Emergency Motion to Stay the Writ of Possession in this Court. On that same day, this Court denied the emergency motion noting that Section 24.007 of the Texas Property Code provides that a judgment of a county court may not be stayed under any circumstances pending appeal unless the appellant files a supersedeas bond in an amount set by the county court within ten days from the signing of the judgment. Because no supersedeas bond was filed, this Court denied the motion.

On February 7, 2022, Mount filed a pro se Appellant's Brief in this Court. On February 25, 2022, Scott Cain filed a notice of appearance as retained counsel for Mount. Cain then filed a motion for extension of time to file an amended brief on Mount's behalf. In that motion, Cain states that he had obtained an order setting supersedeas bond on February 28, 2022, thereby staying the judgment and writ of possession. This Court granted the extension; however, Cain never filed an amended brief on Mount's behalf. Therefore, we proceed on Mount's Appellant's Brief.

Mount filed a one-page brief in this Court in which he argues that Escondido Village disregarded the rules of the moratorium and that Escondido Village misrepresented the grounds for eviction. A pro se litigant is held to the same standards as licensed attorneys and must comply with applicable laws and rules of procedure. Strange v. Continental Casualty Co. 126 S.W.3d 676, 678 (Tex. App. -Dallas 2004, pet den'd).

Texas Rule of Appellate Procedure 38.1(i) provides that a "brief must contain a clear and concise argument for the contentions made, with appropriate citations to authorities and to the record." Tex.R.App.P. 38.1. (i). An issue on appeal unsupported by argument or citation to any legal authority is waived. In the Interest of T.B., 641 S.W.3d 535, 539 (Tex. App. - Waco 2022, pet. den'd); Strange v. Continental Casualty Co. 126 S.W.3d at 678. We cannot speculate as to the substance of the specific...