Opinion
01-23-00670-CV
10-05-2023
Julio Cesar Garcia v. Dora Murgai d/b/a Dabb
152nd District Court of Harris County Trial court case number: 2023-52310
ORDER
VERONICA RIVAS-MOLLOY, JUDGE
Appellant Julio Cesar Garcia filed an accelerated appeal from the trial court's Ex Parte Order of Turnover and Appointment of Receiver signed on August 29, 2023 ("Turnover Order"). On September 18, 2023, Appellant filed an "Emergency Motion to Temporarily Stay" under Rule of Appellate Procedure 29.3 asking this Court to issue a stay of the Turnover Order "to protect his rights pending disposition of [his] appeal." Appellee Dora Murgai d/b/a Dabb filed an opposition to the requested emergency stay arguing Appellant has not shown irreparable harm will result "absent a stay."
Section 51.014(a)(1) of the Civil Practice and Remedies Code permits an appeal from a district court's interlocutory order "appoint[ing] a receiver or trustee." Tex. Civ. Prac. & Rem. Code §51.014(a)(1). Pursuant to Rule 29.3 of the Rules of Appellate Procedure, when "an appeal from an interlocutory order is perfected," this Court is authorized to enter "any temporary orders necessary to preserve the parties' rights until disposition of the appeal." Tex.R.App.P. 29.3. Rule 29.3 further provides that in doing so, this Court "may require appropriate security." Id.
Pursuant to Rule 29.3, we temporarily grant Appellant's Emergency Motion to Temporarily Stay the Turnover Order, prohibiting (1) the appointed receiver from taking any action pursuant to the Turnover Order and (2) Appellant from dissipating or transferring any assets subject to the Turnover Order, other than in the normal course of business.
We further abate the appeal and remand to the trial court to determine whether Appellee's rights may be adequately protected by supersedeas or another order under Rule 24 of the Texas Rules of Appellate Procedure, and if so, the amount and type of any security Appellant must post. We order these proceedings take place on or before October 26, 2023. See Tex. R. App. P. 24; see also Schultz v. Fifth Ct. of Appeals, 810 S.W.2d 738, 739 n.3 (Tex. 1991), overruled on other grounds, In re Sheshtawy, 154 S.W.3d 114 (Tex. 2004) ("Whether [a turnover] order is properly classified as a money judgment or an injunction, it can be superseded.") (emphasis in original).
Appellant is ordered to file a status report with this Court concerning the status of the supersedeas proceedings on or before November 3, 2023, and to see that a clerk's record is filed in this Court by November 3, 2023, concerning the trial court's determination of the amount and type of supersedeas, as well as any bond or other supersedeas posted by Appellant.
This Court may reinstate the appeal and withdraw the issued stay if Appellant fails to file a status report by November 3, 2023, or by further order of this Court.
It is so ORDERED.