Code of Civil Procedure Article 456

In cases where the judgment of the first instance does not declare a provisional execution or declares a conditional provisional execution, the court of second instance shall, on motion, issue a ruling declaring a provisional execution with respect to the portion of the judgment for which no request for review has been made.Where the court of second instance is of the opinion that the appellant has filed the appeal with the attempt to delay the conclusion of the litigation proceeding, it shall, on motion of the appellee, issue a ruling declaring a provisional execution to the judgment of the first instance. The same principle shall apply where the appellant has presented his/her means of attack or defense in a dilatory matter for purposes of delaying the conclusion of the litigation proceeding.