Opinion
14-22-00479-CV
07-21-2022
CHRISTOPHER BRAN, CBMJ INVESTMENTS & DEVELOPMENT, LLC, MONTROSE MULTIFAMILY II HOLDINGS, LLC, AND URBANONE PROPERTIES, LLC, Appellants v. SPECTRUM MH, LLC AND SPECTRUM MHU, LLC, Appellees
On Appeal from the 164th District Court Harris County, Texas Trial Court Cause No. 2020-20587
Panel Consists of Chief Justice Christopher and Justices Poissant and Wilson.
ORDER
PER CURIAM
Before this court is an emergency motion filed by appellants to stay the trial court's order of June 11, 2022 requiring turnover and appointing a receiver. Appellees and the receiver have each filed a response.
This court is authorized to "make any temporary orders necessary to preserve the parties' rights until disposition of the appeal," such as to prevent irreparable harm to the parties. Tex.R.App.P. 29.3; see also In re Abbott, 645 S.W.3d 276, 282 (Tex. 2022). After considering the motion and the responses filed by appellees and the receiver, as well as appellants' reply in support of their motion, we conclude appellants are entitled to a stay of the trial court's order insofar as it authorizes the receiver to sell or otherwise alienate properties and other assets that are turned over to the receiver pursuant to the trial court's order. However, as appellants have otherwise failed to show that a stay is justified, the court will not authorize further relief pursuant to appellants' motion.
Accordingly, appellants' emergency motion to stay the trial court's June 11, 2022 order is hereby GRANTED IN PART to the extent it seeks a stay of the order's authorization of sales and other alienations of turned over property and other assets by the receiver. The motion is DENIED IN PART to the extent it seeks further relief. The court hereby lifts its July 13, 2022 stay order.