Navidea Biopharmaceuticals, Inc. and MacRophage Therapeutics, Inc. v. Capital Royalty Partners II, L.P., Capital Royalty Partners II - Parallel Fund "A", L.P., and Parallel Investment Opportunities Partners II, L.P. ( 2016 )

Motion Granted; Order filed December 29, 2016
In The
Fourteenth Court of Appeals
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NO. 14-16-00734-CV
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NAVIDEA BIOPHARMACEUTICALS, INC. AND MACROPHAGE
THERAPEUTICS, INC., Appellants
V.
CAPITAL ROYALTY PARTNERS II, L.P., CAPITAL ROYALTY
PARTNERS II - PARALLEL FUND “A”, L.P., AND PARALLEL
INVESTMENT OPPORTUNITIES PARTNERS II, L.P., Appellees
On Appeal from the 151st District Court
Harris County, Texas
Trial Court Cause No. 2016-22242
ORDER
This is an accelerated appeal from an order granting a temporary injunction.
Appellees have filed a motion for contempt and referral to the trial court alleging
appellants have violated the temporary injunction. See Tex. R. App. P. 29.4.
Appellants have responded to the motion. The parties have also filed replies in
support of their positions.
Rule 29.4 provides that, while an appeal from an interlocutory order is
pending, only the appellate court may enforce the order. Id. However, the rule also
permits an appellate court to refer enforcement proceedings to the trial court. Id.
Accordingly, the motion is GRANTED. We refer this enforcement
proceeding to the Judge of the 151st District Court to make findings and
recommendations and report them to this court. The trial court shall file a
supplemental clerk’s record, containing the trial court’s findings and
recommendations on the enforcement motion, with the clerk of this court by
January 30, 2017.
PER CURIAM
Panel consists of Justices Boyce, Busby, and Wise.