Mosaic Baybrook One LP, Mosaic Baybrook Two, LP, Mosaic Baybrook One GP LLC, Mosaic Baybrook Two GP LLC, Mosaic Residential, Inc., Robert M. Weber, Valissa Parmer, Abid Bhimani, Mosaic GP Fund III LLC, Eastham Capital Fund III (QP) LP, Eastham Capital Fund IV, LP, Auspay-Baybrook, LLC, Auspay-Mosaic GP, LLC, Williamsburg Enterprises, LLLP, Philip Salem, Widad Salem, and Baybrook LL, LLC v. Tammy Cessor and Paul Simien

Summary

The Fourteenth Court of Appeals of Texas granted appellees’ motion to reinstate the appeal and issued an amended order concerning enforcement of a temporary injunction. The court referred the enforcement proceeding to the 269th District Court of Harris County, directing it to hold a hearing after the statutory stay was lifted and to file a supplemental clerk’s record.

Holdings

1. While an appeal from an interlocutory order is pending, the appellate court in which the appeal is pending may enforce the order and may refer an enforcement proceeding to the trial court with instructions to hear evidence and grant appropriate relief or make findings and recommendations.
2. After the stay of all court proceedings under Texas Civil Practice and Remedies Code section 51.014(b) is lifted, the trial court must hear evidence and grant appropriate relief on appellees’ motion to enforce the temporary injunction, then file a supplemental clerk’s record containing its enforcement order within thirty days after the hearing.

Questions Presented

1. Whether the court of appeals could act on appellees’ motion to enforce a temporary injunction while an interlocutory appeal from the injunction was pending.
2. Whether the court of appeals should refer the enforcement proceeding to the trial court to hear evidence and grant appropriate relief after the statutory stay was lifted.

Disposition

other