| The purpose of a temporary injunction is to preserve the status quo pending trial, but it is an extraordinary remedy and does not issue as a matter of right. Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002). Trial courts have broad discretion in deciding whether to grant or deny a temporary injunction, and an appellate court should reverse only if it finds a clear abuse of that discretion. Tel. Equip. Network, Inc. v. TA/Westchase Place, Ltd., 80 S.W.3d 601, 607 (Tex. App.—Houston [1st Dist.] 2002, no pet.). We should not reverse a trial court’s temporary injunction unless it is “so arbitrary as to exceed the bounds of reasonable discretion.” Id. We review the evidence in a light most favorable to the trial court’s order, but an erroneous application of the law to undisputed facts constitutes an abuse of discretion. Id. To obtain a temporary injunction, an applicant must prove (1) a cause of action against a defendant, (2) a probable right to the relief sought, and (3) a probable, imminent, and irreparable injury in the interim. Butnaru, 84 S.W.3d at 204. An injury is irreparable if there is no adequate remedy at law; if for example, a prevailing applicant could not be compensated adequately in damages, or if damages cannot be measured by any certain pecuniary standard. Id. While the board members contend that none of these elements exists, the absence of any one renders an award of temporary injunctive relief inappropriate. See id. Source: Benefield v. State of Texas, No. 01-07-00970-CV (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Bland) Decisions in Appealed Cases Involving Temporary Orders and TROs from the First and Fourteenth Court of Appeals Bruns v. Top Design Inc. (Tex.App. - Houston [1st Dist.] Oct. 2, 2008) (temporary injunction order void, no bond) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia Before Chief Justice Radack, Justices Taft and Nuchia 01-08-00070-CV Dennie Bruns v. Top Design Incorporated Appeal from 56th District Court of Galveston County Trial Court Judge: Hon Lonnie Cox In re Anthony Santos (Tex.App.- Houston [14th Dist.] Aug. 26, 2008)(per curiam) (signing of final order moots mandamus pertaining to temporary SAPCR orders) DISMISSED: Per Curiam Before Justices Fowler, Frost and Seymore) 14-08-00303-CV In Re Anthony L. Santos Appeal from 300th District Court of Brazoria County Benefield v. State of Texas (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Bland) (quo warranto proceeding, receivership, interlocutory appeal, orders granting a temporary injunction and order appointing receiver reversed) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Justices Taft, Jennings and Bland 01-07-00970-CV Nancy Benefield, Nancy S. McNulty, Naomi Morales, Robert Seton, Ruthie Parker, Susan Berkley, Gloria Reeves, Shirley Buelow and Angela Breedlove v. The State of Texas on Relation of the Alvin community Health Endeavor, Inc. and Brazoria County, Texas Appeal from 239th District Court of Brazoria County Henry v. McMichael, (Tex.App.- Houston [1st Dist.] Apr. 24, 2008)(Hanks) (dominant jurisdiction, temporary injunction appeal) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-07-00622-CV David Henry v. James McMichael and Elizabeth Ann Koehler Co-Independent Executors of The Estate of W.T. McMichael and Catherine McMichael Appeal from County Court at Law No 1 & Probate Court of Brazoria County Trial Court Judge: Hon. Jerri Lee Mills Cedyco Corp. v. Tubbs (Tex.App.- Houston [1st Dist.] Mar. 13, 2008)(Frost) (writ of execution, trial court's temporary injunction vacated, no jurisdiction) REVERSED AND REMANDED: Opinion by Justice Frost 14-07-00399-CV Cedyco Corporation v. Carolyn Tubbs Appeal from 280th District Court of Harris County Trial court judge: Honorable Tony Lindsay EPG, Inc.v RDM, Inc. (Tex.App.- Houston [14th Dist.] Feb. 7, 2008)(Anderson) (temporary injunction appeal, injunction vacated) REVERSED AND DISMISSED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00415-CV EPG, Inc. & Stanton Holt v. RDM, Inc. Appeal from 129th District Court of Harris County (Judge Grant Dorfman) Tanguy v. Laux (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Alcala)(temporary injunction, UFTA) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-00765-CV Phillipe Tanguy v. David Laux Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray Court of appeals grants mandamus to set aside temporary order for attorney's fees In re Heather Sartain (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Nuchia) (family law, temporary order for attorneys fees, mandamus granted, divorce, SAPCR proceedings, order granting interim attorney's fees lifted] GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Nuchia Before Justices Nuchia, Hanks and Higley 01-07-00920-CV In re Heather Sartain Appeal from 306th District Court of Galveston County Trial Court Judge: Hon. Janis L. Yarbrough Temporary Injunction Reversed by Appellate Panel EPG, Inc.v RDM, Inc. (Tex.App.- Houston [14th Dist.] Feb. 7, 2008)(Anderson) (temporary injunction appeal) REVERSED AND DISMISSED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00415-CV EPG, Inc. & Stanton Holt v. RDM, Inc. Appeal from 129th District Court of Harris County (Judge Grant Dorfman) Sharma v. Vinmar International, No. 14-05-01088-CV (Tex.App.- Houston [14th Dist.] Jan. 25, 2007) (Anderson)(temporary injunction appeal, accelerated) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Hudson and Guzman 14-05-01088-CV Ravin Sharma, Ashvin Dhingra, Amit Bansal, James Rew, Chemtrade Solutions, Inc., Yang Woo Chemical America, Inc., and J& J Chemtrading v. Vinmar International, LTD Appeal from 333rd District Court of Harris County (Judge not shown on docket) Separate opinion in Sharma v. Vinmar International (Tex.App.- Houston [14th Dist.] Jan. 25, 2007) (separate opinion by Guzman) CONCURRING/DISSENTING: Concurring and Dissenting Opinion by Justice Guzman DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (no mandamus relief against TRO denying access to children) (Before Justices Taft, Jennings and Alcala) 01-07-00674-CV In re Sharon Keith Appeal from 312th District Court of Harris County Trial court judge: Hon. James D. Squier |
| Temporary Injunction Appeals in the Houston Courts of Appeals Also see --> Houston Opinions | Texas Opinions |