Short answer. Yes. Rule 39, Section 4 provides that on appeal from a judgment on injunction or receivership, the appellate court may, in its discretion, make an order suspending, modifying, restoring, or granting the injunction or receivership. These judgments are immediately executory and not stayed by appeal unless the court orders otherwise.
What the law says
Judgments in actions for injunction, receivership, accounting and support, and such other judgments as are now or may hereafter be declared to be immediately executory, shall be enforceable after their rendition and shall not be stayed by an appeal taken therefrom, unless otherwise ordered by the trial court.
Rule 39, Section 4 — Judgments not stayed by appeal. Read the full provision →
What the law says
On appeal therefrom, the appellate court in its discretion may make an order suspending, modifying, restoring or granting the injunction, receivership, accounting, or award of support.
Rule 39, Section 4 — Judgments not stayed by appeal. Read the full provision →
What the law says
The stay of execution shall be upon such terms as to bond or otherwise as may be considered proper for the security or protection of the rights of the adverse party.
Rule 39, Section 4 — Judgments not stayed by appeal. Read the full provision →
These judgments are enforceable immediately, appeal or not
Section 4 starts by making injunction and receivership judgments an exception to the usual rule that an appeal pauses enforcement: judgments in actions for injunction, receivership, accounting and support, and such other judgments as are now or may hereafter be declared to be immediately executory, shall be enforceable after their rendition and shall not be stayed by an appeal taken therefrom, unless otherwise ordered by the trial court. So your appeal alone does not automatically pause the judgment.
Yes, the appellate court has discretion once the appeal is with it
Section 4 then answers your question directly: on appeal therefrom, the appellate court in its discretion may make an order suspending, modifying, restoring or granting the injunction, receivership, accounting, or award of support. The Court of Appeals is given express authority to act on the injunction or receivership itself while your appeal is pending, not merely to review it after the fact.
This discretion covers more than just pausing the order
The section lists four distinct actions the appellate court may take: suspending, modifying, restoring, or granting. That range means the court's power is not limited to putting the judgment on hold. It can adjust the terms of the injunction or receivership, reinstate one that had been altered, or grant relief that was not yet in place, depending on what the case before it actually calls for.
Any stay comes with conditions protecting the other side
If the appellate court does grant a stay, it is not unconditional: the stay of execution shall be upon such terms as to bond or otherwise as may be considered proper for the security or protection of the rights of the adverse party. So a suspension you obtain would come with terms designed to protect the other party's rights while your appeal is pending.