law execution of judgment | enforcement |
Rule 627 of the Texas Rules of Civil Procedure provides in part:
If no supersedeas bond . . . has been filed and approved, the clerk of
the court or justice of the peace shall issue the execution upon such
judgment upon application of the successful party or his attorney after the
expiration of thirty days from the time a final judgment is signed. If a
timely motion for new trial or in arrest of judgment is filed, the clerk shall
issue the execution upon the judgment on application of the party or his
attorney after the expiration of thirty days from the time the order
overruling the motion is signed or from the time the motion is overruled by
operation of law. Tex. R. Civ. P. 627.
“[E]xecution of the judgment . . . is „merely a direction to a ministerial officer to
permit enforcement of the judgment.‟” In re Fischer-Stoker, 174 S.W.3d 268, 272 (Tex.
App.—Houston [1st Dist.] 2005, orig. proceeding) (quoting English v. English, 44
S.W.3d 102, 106 (Tex. App.—Houston [14th Dist.] 2001, no pet.)). T
07-0437
CONSTABLE JACK F. ABERCIA & OLD REPUBLIC SURETY COMPANY v. KINGVISION PAY-
PER-VIEW, LTD.; from Dallas County; 8th district (08-05-00020-CV, 217 SW3d 688, 02-15-07,
pet. denied Jun 2008)
(writ of execution, contempt, good faith immunity, judicial immunity under common law)