Lincoln Property Co. v. Kondos

OPINION

Opinion By Justice MOSELEY.

This case is an interlocutory appeal of an order granting class certification. See Tex. Civ. PRAC. & Rem.Code Ann. § 51.014(a)(3) (Vernon Supp.2003). However, while the interlocutory appeal was pending and despite the express statutory provision that such an appeal “shall have the effect of staying the commencement of a trial in the trial court pending resolution of the appeal,” see id. § 51.014(b), the parties filed and scheduled a hearing on, and the trial court heard and decided, motions for summary judgment on the underlying case. The trial court…