Case Information

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TWELFTH COURT OF APPEALS
Case Number: 12-14-00212-CV
On Appeal from the Cherokee County Court-at-Law No. CV9282

Robert Robinson

v.

Wells Fargo Bank, N.A.

Appellant's Motion for Rehearing Pertaining to Return of Superseades Bond

APPELLANT ROBERT ROBINSON hereby asks the Court to Order Return of a Supersedeas Bond (less costs) filed with the Cherokee County Clerk on November 3, 2014. (See attached).

BACKGROUND

In this forcible detainer action, Appellant sought to supercede an order of eviction from the court below. Appellant paid a $\$6000$ bond on November 3, 2014 and filed a Motion for Writ of Supersedeas on November 7, 2014 pursuant to TRAP 24.1(f). The Court overruled the motion for writ of supersedeas on April 30, 2015, but made no orders for return of the bond. The Court issued it's Memorandum Opinion on September 30, 2015 and no order for the return of the bond was issued.

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DISCUSSION

The purpose of filing a supersedeas bond is to supersede the trial court's judgment while the appeal is pending. Since the Court overruled the motion to supersede the judgment, Appellant is entitled to return of his bond. The following costs should be deducted from the amount of the bond as follows:

| Clerk's Record | $ 914.00 | | :-- | :-- | | Reporter's Record | $ 94.05 | | COA Filing Fee | $ 195.00 | | Total Costs | $\$1,203.05$ | | Amount of Bond | $\$6,000.00$ | | Amount of Bond | | | Less Costs | $\$4,796.95$ |

Respectfully submitted,

Robert Robinson, Pro Se Appellant 16897 Pine Lane Flint, Texas 75762 (903) 245-0908

Cilantro518@yahoo.com

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Certificate of Service

I, the undersigned hereby certify that a copy of the foregoing "Appellant's Motion for Rehearing Pertaining to Return of Superseades Bond" was served on all parties and Counsel on October 15, 2015 as follows:

VIA USPS FIRST CLASS MAIL

Danya Fuller Gladney, Counsel for Wells Fargo Bank, N.A. Barrett Daffin Frappier Turner &; Engel, LLP 15000 Surveyor Boulevard, Suite 100 Addison, Texas 75001 (972) 340-7903 (972) 341-0734 Facsimile

Robert Robinson

*4 DATE 11/03/2014 TIME 11:49 OFFICIAL RECEIPT CHEROKEE CO LAVERNE LUSK, COUNTY CLERK P O DRAWER 420 RUSK, TX 75785

RECEIVED OF: FELICITY REEDY FOR: ROBINSON, ROBERT DESCRIPTION: PAYMENT ON BOND OF ROBERT ROBINSON/BEH

| AMOUNT PAID | $\$6,000.00$ | | :--: | :--: |

PAYMENT TYPE K CHECK NO 1283 COLLECTED BY BEH

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Weus fan Go Bank, NC Cause No. 9382 V.

Many Eomiston, Rogers Roginson + Au other Occupants

IN THE County Count of CHENOKEE County, TeXe

$$\text{Bono of Rogers Roginson}$$

This is To Centify That E. Rogers Roginson Have this Day Tendened A Cast Bono in the Amount of $\pounds 6000.00$ To Provide Security To Weus Fando Bank, NA in Acconance With TEXe, Rogers Cook Sec. 34,007 (a). In The Event Weus fando Previas on Appeal of Cause No. 12-14-00312 CV, The Bono Small Become Partage To Weusfando Bank, N.

FILLE B

a) $11\frac{1}{4}3$ o'clock $A$ M.

NOV 032014

LAVERNE LUSK CLERA, COUNTY COURT CHEMOSKE CO., TX By DIA. Deputy

Rogent RoginsON 186 TANANT Re Buwand, TX 15757 203. 245.0208

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