Texas Family Code
Sec. § 6.709
Temporary Orders During Appeal


(a)

In a suit for dissolution of a marriage, on the motion of a party or on the courts own motion, after notice and hearing, the trial court may render a temporary order as considered equitable and necessary for the preservation of the property and for the protection of the parties during an appeal, including an order directed toward one or both parties:

(1)

requiring the support of either spouse;

(2)

requiring the payment of reasonable and necessary attorneys fees and expenses;

(3)

appointing a receiver for the preservation and protection of the property of the parties;

(4)

awarding one spouse exclusive occupancy of the parties residence pending the appeal;

(5)

enjoining a party from dissipating or transferring the property awarded to the other party in the trial courts property division; or

(6)

suspending the operation of all or part of the property division that is being appealed.

(b)

A temporary order under this section enjoining a party from dissipating or transferring the property awarded to the other party in the trial courts property division:

(1)

may be rendered without:

(A)

the issuance of a bond between the spouses; or

(B)

an affidavit or a verified pleading stating specific facts showing that immediate and irreparable injury, loss, or damage will result;

(2)

is not required to:

(A)

define the injury or state why the injury is irreparable; or

(B)

include an order setting the suit for trial on the merits with respect to the ultimate relief sought; and

(3)

may not prohibit a partys use, transfer, conveyance, or dissipation of the property awarded to the other party in the trial courts property division if the use, transfer, conveyance, or dissipation of the property is for the purpose of suspending the enforcement of the property division that is the subject of the appeal.

(c)

A temporary order under this section that suspends the operation of all or part of the property division that is the subject of the appeal may not be rendered unless the trial court takes reasonable steps to ensure that the party awarded property in the trial courts property division is protected from the other partys dissipation or transfer of that property.

(d)

In considering a partys request to suspend the enforcement of the property division, the trial court shall consider whether:

(1)

any relief granted under Subsection (a) is adequate to protect the partys interest in the property awarded to the party; or

(2)

the party who was not awarded the property should also be required to provide security for the appeal in addition to any relief granted under Subsection (a).

(e)

If the trial court determines that the party awarded the property can be adequately protected from the other partys dissipation of assets during the appeal only if the other party provides security for the appeal, the trial court shall set the appropriate amount of security, taking into consideration any relief granted under Subsection (a) and the amount of security that the other party would otherwise have to provide by law if relief under Subsection (a) was not granted.

(f)

In rendering a temporary order under this section that suspends enforcement of all or part of the property division, the trial court may grant any relief under Subsection (a), in addition to requiring the party who was not awarded the property to post security for that part of the property division to be suspended. The trial court may require that the party who was not awarded the property post all or only part of the security that would otherwise be required by law.

(g)

This section does not prevent a party who was not awarded the property from exercising that partys right to suspend the enforcement of the property division as provided by law.

(h)

A motion seeking an original temporary order under this section:

(1)

may be filed before trial; and

(2)

may not be filed by a party after the date by which that party is required to file the partys notice of appeal under the Texas Rules of Appellate Procedure.

(i)

The trial court retains jurisdiction to conduct a hearing and sign an original temporary order under this section until the 60th day after the date any eligible party has filed a notice of appeal from final judgment under the Texas Rules of Appellate Procedure.

(j)

The trial court retains jurisdiction to modify and enforce a temporary order under this section unless the appellate court, on a proper showing, supersedes the trial courts order.

(k)

On the motion of a party or on the courts own motion, after notice and hearing, the trial court may modify a previous temporary order rendered under this section if:

(1)

the circumstances of a party have materially and substantially changed since the rendition of the previous order; and

(2)

modification is equitable and necessary for the preservation of the property or for the protection of the parties during the appeal.

(l)

A party may seek review of the trial courts temporary order under this section by:

(1)

motion filed in the court of appeals with jurisdiction or potential jurisdiction over the appeal from the judgment in the case;

(2)

proper assignment in the partys brief; or

(3)

petition for writ of mandamus.

(m)

A temporary order rendered under this section is not subject to interlocutory appeal.

(n)

The remedies provided in this section are cumulative of all other remedies allowed by law.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 1, eff. September 1, 2017.
Source
Last accessed
May. 21, 2019