in Re Sheila B. Thurlow

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-07-186 CV ___________________

IN RE SHEILA B. THURLOW

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Original Proceeding

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MEMORANDUM OPINION  

An original petition for writ of injunction filed by Sheila B. Thurlow seeks to enjoin the opposing party, Thomas N. Thurlow, and the court-appointed receiver from proceeding with the sale of the marital residence or otherwise attempting to remove Sheila from the house pending the appeal of the parties' divorce proceeding. Although the trial court denied Sheila's motion to set a supersedeas bond, Sheila has not challenged the trial court's order in the underlying appeal and does not ask this Court to review that order in this original proceeding. See Tex. R. App. P. 24.4(a)(4),(d). Sheila claims that she is without funds to post a significant bond, and requests that this Court issue an injunction without requiring a bond. She contends the issues raised in her appeal will become moot if the property is sold before the final disposition of the case on appeal.

Generally, the involuntary satisfaction of a judgment will not moot an appeal. Riner v. Briargrove Park Prop. Owners, Inc., 858 S.W.2d 370, 370 (Tex. 1993). In this case, the relator has not shown that issuance of a writ of injunction is necessary to enforce our appellate jurisdiction. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004). The petition for writ of injunction is denied. All pending motions for temporary relief are denied as moot.

WRIT DENIED.

PER CURIAM

Submitted on April 30, 2007

Opinion Delivered May 10, 2007

Before McKeithen, C.J., Kreger and Horton, JJ.