Atkins v. Estate of Callaway

Miller, Judge.

Clarence Atkins appeals from the trial court’s orders releasing rent money he paid into the court registry and requiring him to pay additional rent money to the Estate of Cason J. Callaway, Jr. (the “Estate”) as part of a dispossessory action. Atkins argues that the trial court’s orders were issued during the pendency of an appeal and are therefore null and void. We agree and reverse.

The record shows that after Callaway’s death, the Estate filed a dispossessory action against Atkins in Harris County. As part of the dispossessory action, the magistrate court ordered Atkins to pay…