Originally published by Mike Northrup.
Temporary restraining orders and temporary injunctions are governed by some fairly specific requirements. Failure to follow those black-and-white requirements can result in the court’s order being declared void. That’s what happened in Medi-Lynx Monitoring, Inc. v. AMI Monitoring, Inc. Texas Rule of Civil Procedure 683 requires that an order granting a temporary injunction set the cause for trial on the merits. The injunctive order at issue in the appeal failed to do so. The Dallas Court of Appeals noted that Rule 683 is mandatory and “a temporary injunction that is noncompliant is subject to being declared void and dissolved.” Because there was no dispute that the order failed to set the matter for trial, the court of appeals held that the trial court abused its discretion in granting the injunction, and the injunction was ordered dissolved.
The appellants also complained that the trial court had failed to hold a hearing before granting the injunction and that the injunction failed to set a proper amount of bond. The court of appeals did not address these alleged infirmities because of its conclusion as to the first error. The court’s opinion may be found here.
from Texas Bar Today http://ift.tt/1MPg8A0
via Abogado Aly Website