COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In re Aderonke Aderemi

Appellate case number: 01-22-00525-CV

Trial court case number: 1176890

Trial court: County Civil Court at Law No. 1 of Harris County

On July 15, 2022, relator, Aderonke Aderemi, filed an “Emergency Petition for a 

Writ of Mandamus on Trial Court’s Issuance of Immediate Writ of Possession After 

[Relator] Posted a Supersedeas Cash Bond of $12,480.00 and Injunctive Relief on [Real 

Party in Interest, Massandra KV Vineyards Owner LLC, as Successor in Interest to PAC’s] 

Constructive Eviction.” In his mandamus petition, relator requests that we issue a writ of 

mandamus directing the trial court to “vacate and stay [its] order to execute an immediate 

[w]rit of [p]ossession,” and to allow relator’s direct appeal of the Final Judgment entered 

in the underlying case to be considered by the Court.1

The underlying case was initiated by real party in interest, Massandra KV Vineyards 

Owner LLC, as Successor in Interest to PAC (“Massandra”) as a petition to evict relator 

from a leased property located at 21550 Provincial Blvd., No. 09-921 (A.K.A. Apartment 

No. 921), Katy, Texas 77450. On April 5, 2022, the trial court entered a Final Judgment 

ordering that Massandra “is awarded possession” of the leased property, and further 

directing that Massandra “is entitled to obtain a [w]rit of [p]ossession, to be issued on April 

7, 2022.” However, the Final Judgment further provided that the “amount of the 

supersedeas bond [was] . . . set at $12,840.00.” See TEX. R. APP. P. 24.2(a)(2)(A).

Relator’s petition for writ of mandamus attaches an appendix which includes a 

file-stamped copy of a document, dated April 6, 2022, which purports to show that relator 

deposited cash in the amount of $12,480.00 in the trial court’s registry. Relator’s appendix 

also includes a file-stamped document, dated April 25, 2022, entitled relator’s “Request 

for Findings of Fact and Conclusion[s] of Law.” See TEX. R. CIV. P. 296 (“In any case 

1 Relator has filed a separate notice of appeal from the trial court’s final judgment, entered 

April 5, 2022. Relator’s direct appeal has been assigned appellate case number 

01-22-00520-CV and is pending in this Court.
tried in the district or county court without a jury, any party may request the court to state 

in writing its findings of fact and conclusions of law. Such request . . . shall be filed within 

twenty days after judgment is signed.”). Then, on July 5, 2022, relator timely filed a notice 

of appeal from the trial court’s April 5, 2022 Final Judgment, assigned appellate case 

number 01-22-00520-CV, currently pending in this Court. See TEX. R. APP. P. 26.1(a)(4) 

(extending deadline for filing notice of appeal to ninety days where party timely files 

request for findings of fact and conclusions of law with trial court).

Despite this timeline, on June 28, 2022, Massandra filed a “Motion to Issue Writ of 

Possession” with the trial court. In its motion, Massandra noted that relator “tendered what 

purports to be a supersedeas bond to the clerk.” Since then, according to Massandra, “[n]o 

appeal was subsequently perfected,” so the trial court’s April 5, 2022 Final Judgment had 

“become final,” thereby entitling it to issuance of the writ of possession. However, 

Massandra noted, the “clerk’s office is currently refusing to issue the writ of possession 

because of the purported bond.” In his mandamus petition, relator alleges that the trial 

court held a hearing on Massandra’s motion on July 12, 2022, at which point the trial court 

granted the motion to immediately issue a writ of possession in favor of Massandra. On 

July 15, 2022, the trial court entered an order granting Massandra’s motion, directing “the 

Harris County Clerk to issue a writ of possession in conformity with the final judgment.”

In his mandamus petition, relator requests emergency relief in the form of a writ of 

mandamus “to vacate and stay” the trial court’s order to execute an immediate writ of 

possession. To preserve the status quo pending consideration of the mandamus petition, 

we hereby stay enforcement of the trial court’s July 15, 2022 order granting Massandra’s 

“Motion to Issue Writ of Possession.” See TEX. R. APP. P. 24.1(f) (“Enforcement of 

judgment must be suspended if the judgment is superseded.”), 52.10(b) (appellate court 

has authority “on its own initiative” to grant temporary relief pending consideration of 

mandamus petition). Enforcement of the trial court’s July 15, 2022 order directing the 

Harris County Clerk’s Office to issue a writ of possession in the underlying cause is stayed. 

This stay is effective until disposition of relator’s petition for writ of mandamus or further 

order of this Court.

We further request a response to the petition for writ of mandamus from Massandra. 

The response(s), if any, is due to be filed with this Court no later than twenty days of 

the date of this order.

It is so ORDERED.

Judge’s signature: ____/s/ April Farris_______

  Acting individually  Acting for the Court

Date: _July 15, 2022______