Court Reverses Temporary Injunction Order Where The Order Failed To Include Reasons For Its Issuance And A Trial Date

In Quintanilla v. De La Rosa, a defendant appealed the trial court’s issuance of a temporary injunction enjoining her from withdrawing money from a bank account that belonged to a decedent.  No. 13-20-00575-CV, 2021 Tex. App. LEXIS 5849 (Tex. App.—Corpus Christi July 22, 2021, no pet. history). The plaintiff, the daughter of the decedent, sued the defendant, claiming that the defendant being listed as the beneficiary of the account was an accident and was not intentional. The court of appeals reversed the injunction because it failed to state reasons for its issuance and failed to set a trial date:

The rules of civil procedure require every order granting a temporary injunction to: (1) specifically state the reasons for its issuance and state, with reasonable detail and not by reference to the complaint or other document, the acts sought to be restrained; and (2) contain a trial setting date. The procedural requirements of this rule are mandatory. A temporary injunction that does not meet these requirements is “subject to being declared void and dissolved.” ... Here, the temporary injunction does not contain any statement explaining the reasons for its issuance, and it does not set a trial date. Therefore, the temporary injunction is void.

Id.

from Texas Bar Today https://ift.tt/30IYxaU
via Abogado Aly Website