Order entered November 28, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01196-CV
WANDA LEE BOWLING, Appellant
V.
LESTER JOHN DAHLHEIMER, JR. AND LESTER JOHN DAHLHEIMER, SR.,
Appellee
On Appeal from the 469th Judicial District Court
Collin County, Texas
Trial Court Cause No. 469-51274-2015
ORDER
Before the Court is appellant’s November 22, 2016 emergency motion to stay pending
appeal in which she seeks a stay of enforcement of the divorce decree that is the subject of this
appeal. Appellant has also filed an emergency motion to stay pending appeal in the trial court.
The trial court has the authority and continuing jurisdiction to suspend enforcement of a
judgment pending appeal. TEX. R. APP. P. 24.3; see also Thompson v. Coleman, 01-01-00114-
CV, 2002 WL 1340314, at *7 (Tex. App.—Houston [1st Dist.] June 20, 2002, pet. ref’d). Rule
24.4 of the Texas Rules of Appellate Procedure permits this Court to review a trial court’s ruling
on a motion to suspend enforcement of a judgment but does not provide an independent basis for
appellate jurisdiction. TEX. R. APP. P. 24.4; see Transcon. Realty Inv'rs, Inc. v. Orix Capital
Markets LLC, 470 S.W.3d 844, 848 (Tex. App.—Dallas 2015, no pet.). Appellant presents this
Court with no such order to review. Rather, her motion to stay enforcement of the judgment
remains pending in the trial court. Accordingly, we DENY appellant’s motion to stay without
prejudice to appellant seeking review of an order from the trial court on the motion to stay
pending appeal filed by appellant in the trial court.
/s/ ELIZABETH LANG-MIERS
JUSTICE