The Texas arbitration statutes contemplate that a trial court has jurisdiction to issue an injunction in support of an arbitration. So what happens if the trial court issues a temporary injunction but the form of the injunction does not (and cannot) comply with Rule 683? According to the Dallas Court of Appeals, Rule 683 takes a
advisory opinion
Demise of Interlocutory Appeal of Temporary Injunctions?
If you’ve got a pending interlocutory appeal from a temporary injunction, or if you are considering filing such an appeal, you will want to pay attention to this.
The Dallas Court of Appeals has held that interlocutory appeals of temporary injunctions should be dismissed because they seek advisory opinions. In Dallas/Fort Worth International Airport Board v. Association of Taxicab Operators, USA, the Association of Taxicab Operators sought temporary and permanent injunctive relief against the Airport Board’s new airport policy favoring taxicabs with dedicated CNG-powered engines. After the trial court granted a temporary injunction, the Airport Board appealed. Notably, at the oral argument, the court of appeals panel asked about the status of the trial on the permanent injunction and the parties advised the court that they had agreed to continue the case because of the pendency of the appeal of the temporary injunction.Continue Reading Demise of Interlocutory Appeal of Temporary Injunctions?