Tag Archives: injunction

Texas Nuisance Law Gets A Face-Lift

The Supreme Court of Texas clarified the Texas nuisance doctrine in Crosstex N. Tex. Pipeline, L.P. v. Gardiner.  Justice Boyd opened by noting that Dean Prosser declared nuisance as the law’s “garbage can.”  He proceeded to clean up this area of the law. The Court said “nuisance” refers not to a defendant’s conduct or to … Continue Reading

Injunction Must be Supported by Sworn Pleading

The Houston First District Court of Appeals has held that an order for temporary injunction must be supported by pleading. In Easton v. Brasch, the Eastons filed suit against Brasch and filed pleadings for a temporary restraining order, a temporary injunction, and a permanent injunction.  After a hearing on the temporary injunction, the trial court … Continue Reading

District Court Lacks Authority to Issue Injunction Against Attorney General

The Dallas Court of Appeals vacated a portion of a district court’s order directing the Office of Attorney General to remit payments to a private company that collects and disburses child-support payments for a fee.  Pursuant to Texas Government Code sec. 22.002(c), the court of appeals held that only the Texas Supreme Court has the … Continue Reading