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
temporary injunction
Demise of Interlocutory Appeal of Temporary Injunctions?
By Mike Northrup on
Posted in Opinions & Judgments
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?
Temporary injunctions must strictly follow the rules
By Mike Northrup on
Posted in Opinions & Judgments
A couple of weeks ago, I blogged about a Dallas Court of Appeals opinion holding that a temporary injunction that fails to set a trial date on the merits is a void injunction order. Now the San Antonio Court of Appeals gets into the act and reaffirms the strictness with which temporary injunctions are construed.
In Kotz …
Temporary injunction that fails to include a trial setting is void
By Mike Northrup on
Posted in Opinions & Judgments
The Dallas Court of Appeals held that a temporary injunction order that does not on its face set the cause for trial on the merits or fix the amount of security to be given is void and must be dissolved. In CLST Holdings, Inc. v. Red Oak Partners, LLC, the trial court granted Red…