In The 

Court of Appeals 

Seventh District of Texas at Amarillo

________________________

No. 07-17-00412-CV 

________________________

THE STATE OF TEXAS, TEXAS GENERAL LAND OFFICE, 

AND GEORGE P. BUSH, IN HIS OFFICIAL CAPACITY 

AS TEXAS LAND COMMISSIONER, APPELLANTS 

 

V. 

 

SIGNAL DRILLING, LLC, JATEN OIL COMPANY, AND RIPARIA, L.C., APPELLEES 

 

 

On Appeal from the 84th District Court 

Hutchinson County, Texas 

Trial Court No. 41,971; Honorable William D. “Bill” Smith, Presiding 

 

December 20, 2017 

 

ORDER 

 

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. 

This case involves an interlocutory appeal of the trial court’s order denying a plea 

to the jurisdiction filed by Appellants, the State of Texas, Texas General Land Office, and 

George P. Bush, in his official capacity as the Texas Land Commissioner, in an action 

filed by Signal Drilling, LLC, as plaintiff, Jaten Oil Company, as an involuntary plaintiff, 

and Riparia, LC, as an intervenor. Ponderosa TX Operating, LLC, a party to the 
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proceeding below, but not a party to this interlocutory appeal, has filed its Motion for 

Preservation of Property, as an intervenor in this appeal. Ponderosa is requesting that 

this court “set a hearing for the approval of expenses,” or, in the alternative, “authorize 

the Trial Court to enter such temporary orders as maybe [sic] necessary in order to 

maintain and preserve the primary assets of this case.” We deny the relief requested.

Prior to Appellants perfecting this appeal, the trial court entered an order 

authorizing Ponderosa to operate three oil and gas leases which are the subject of the 

underlying litigation. Those leases are designated as the State AA, State AB, and State 

AC leases. Pursuant to that order, Ponderosa was authorized to pay a portion of the 

revenue from those leases (characterized as the disputed working interest) into a 

Disputed Funds Account. The Honorable Kent Ries, a court-appointed Master, was then 

authorized to review bills for approval and payment in accordance with the trial court’s 

order.

Generally, while an appeal from an interlocutory order is pending, the trial court 

retains jurisdiction of the case and, unless prohibited by statute, may make such further 

orders as are necessary so long as it does not make an order that (1) is inconsistent with 

any appellate court temporary order or (2) interferes with or impairs the jurisdiction of the 

appellate court or the effectiveness of any relief sought or that may be granted on appeal. 

TEX. R. APP. P. 29.5. One such limiting statute is section 51.014(b) of the Texas Civil 

Practice and Remedies Code which provides that an interlocutory appeal of an order 

denying a plea to the jurisdiction filed by a governmental unit stays commencement of a 

trial and also stays “all other proceedings in the trial court pending resolution of the 

appeal.” TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(b) (West Supp. 2017). “[T]he stay 
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set forth in section 51.014 is statutory and allows no room for discretion.” Swanson v. 

Town of Shady Shores, Nos. 02-15-00351-CV & 02-15-00356-CV, 2016 Tex. App. LEXIS 

9064, at *10 (Tex. App.—Fort Worth Aug. 18, 2016, orig. proceeding) (quoting Sheinfeld, 

Maley & Kay, P.C. v. Bellush, 61 S.W.3d 437 439 (Tex. App.—San Antonio 2011, no 

pet.).

While this court may have authority to issue temporary orders necessary to 

preserve the rights of the parties pending a final disposition of this appeal; TEX. R. APP.

P. 29.3, and it may have the authority to refer any enforcement proceedings to the trial 

court with instructions to hear evidence and grant appropriate relief, or make findings and 

recommendations and report them to this court; TEX. R. APP. P. 29.4, Ponderosa TX 

Operating, LLC has failed to either request that relief or provide an adequate basis for 

granting such relief. See Maples v. Muscletech, Inc., 74 S.W.3d 429, 431 (Tex. App.—

Amarillo 2002, no pet.). Accordingly, Ponderosa’s Motion for Preservation of Property is 

denied.

It is so ORDERED.

Per Curiam