law-temporary-orders | TRO | Temporary Restraining Order | interlocutory appeals | injunctions |
TEMPORARY INJUNCTION CASELAW
TEMPORARY INJUNCTION REMEDY
The purpose of a temporary injunction is to preserve the status quo of the subject matter
of the litigation, pending a trial on the merits. Butnaru v. Ford Motor Co., 84 S.W.3d 198,
204 (Tex. 2002). A temporary injunction is an extraordinary remedy, and does not issue
as a matter of right. Id. We review a trial court‘s decision granting a temporary injunction
for an abuse of discretion. Id. The reviewing court must not substitute its judgment for the
trial court‘s judgment unless the trial court‘s action was so arbitrary that it exceeded the
bounds of reasonable discretion. Id.
Texas Rule of Civil Procedure 683 provides that every order granting an injunction shall
set forth the reasons for its issuance and be specific in its terms. See id.
Thus, when a temporary-injunction order is based on a showing that the applicant would
suffer irreparable harm if the injunction is not issued, Rule 683 requires the order to state
precisely why the applicant would suffer irreparable harm. City of Corpus Christi v.
Friends of the Coliseum, 311 S.W.3d 706, 708–09 (Tex. App.—Corpus Christi 2010, no
pet.); Beckham v. Beckham, 672 S.W.2d 41, 43 (Tex. App.—Houston [14th Dist.] 1984,
SOURCE: CORPUS CHRISTI / EDINBURG COURT OF APPEALS - 10/20/11 - 13-11-00171-CV
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