Rule 29 — Orders Pending Interlocutory Appeal in Civil Cases

29.1.  Effect of Appeal
Perfecting an appeal from an order granting
interlocutory relief does not suspend the order
appealed from unless:
(a) the order is superseded in accordance with
29.2; or
(b) the  appellant  is  entitled  to  supersede  the
order without security by filing a notice of
appeal.
29.2.  Security
The trial court may permit an order granting
interlocutory relief to be superseded pending an appeal
from the order, in which event the appellant may
supersede the order in accordance with Rule 24. If the
trial court refuses to permit the appellant to supersede
the order, the appellant may move the appellate court
to review that decision for abuse of discretion.
29.3.  Temporary Orders of Appellate Court
When an appeal from an interlocutory order is
perfected, the appellate court may make any
temporary orders necessary to preserve the parties'
rights until disposition of the appeal and may require
appropriate security. But the appellate court must not
suspend the trial court's order if the appellant's rights
would be adequately protected by supersedeas or
another order made under Rule 24.
29.4.  Enforcement of Temporary Orders
While an appeal from an interlocutory order is
pending, only the appellate court in which the appeal
is pending may enforce the order. But the appellate
court may refer any enforcement proceeding to the
trial court with instructions to:
(a) hear evidence and grant appropriate relief; or
(b) make findings and recommendations and
report them to the appellate court.
29.5.  Further Proceedings in Trial Court
While an appeal from an interlocutory order is
pending, the trial court retains jurisdiction of the case
and unless prohibited by statute may make further
orders, including one dissolving the order complained
of on appeal.  If permitted by law, the trial court may
proceed with a trial on the merits.  But the court must
not make an order that:
(a) is inconsistent with any appellate court
temporary order; or
(b) interferes with or impairs the jurisdiction of
the appellate court or effectiveness of any
relief sought or that may be granted on
appeal.
29.6.  Review of Further Orders
(a) Motion to Review Further Orders. While an
appeal from an interlocutory order is
pending, on a party's motion or on the
appellate court's own initiative, the appellate
court may review the following:
(1) a   further   appealable   interlocutory
order concerning the same subject
matter; and
(2) any interlocutory order that interferes
with or impairs the effectiveness of the
relief sought or that may be granted on
appeal.
(b) Record. The party filing the motion may rely
on the original record or may file a
supplemental record with the motion.

Comment to 1997 change: This is former Rule 43.
The provision in the former rule that an appeal from
an order certifying a class suspends the order is
repealed. The provision in the former rule that an order
denying interlocutory relief cannot be suspended is
omitted as unnecessary because the rule provides for
superseding only orders granting relief. No substantive
change is intended.  The provision in former Rule
43(d) prohibiting the trial court from making an order
granting substantially the same relief as the order
appealed is repealed as being too broad. The
provisions of former Rule 43(g) regarding the mandate
are moved to Rule 18.6 and 18.7. The provision of
former Rule 43(h) regarding rehearings is moved to
Rule 49.4.
Comment to 2002 change: Rule 29.5 is amended
to acknowledge that a trial court may be prohibited by
law from proceeding to trial during the pendency of an
interlocutory appeal, as for example by section
51.014(b) of the Texas Civil Practice and Remedies
Code.
Comment to 2008 change: Rule 29.5 is amended
to be consistent with Section 51.014(b) of the Civil
Practice and Remedies Code, as amended in 2003,
staying all proceedings in the trial court pending
resolution
of
interlocutory
appeals
of
class
certification orders, denials of summary judgments
based on assertions of immunity by governmental
officers or employees, and orders granting or denying
a governmental unit’s plea to the jurisdiction.