| APPELLATE REVIEW OF INJUNCTION ORDERS. The purpose of a temporary injunction is to preserve the status quo pending trial, but it is an extraordinary remedy and does not issue as a matter of right. Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002). Trial courts have broad discretion in deciding whether to grant or deny a temporary injunction, and an appellate court should reverse only if it finds a clear abuse of that discretion. Tel. Equip. Network, Inc. v. TA/Westchase Place, Ltd., 80 S.W.3d 601, 607 (Tex. App.—Houston [1st Dist.] 2002, no pet.). We should not reverse a trial court’s temporary injunction unless it is “so arbitrary as to exceed the bounds of reasonable discretion.” Id. We review the evidence in a light most favorable to the trial court’s order, but an erroneous application of the law to undisputed facts constitutes an abuse of discretion. Id. CRITERIA FOR GRANT OF INJUNCTION BY TRIAL COURT: To obtain a temporary injunction, an applicant must prove (1) a cause of action against a defendant, (2) a probable right to the relief sought, and (3) a probable, imminent, and irreparable injury in the interim. Butnaru, 84 S.W.3d at 204. An injury is irreparable if there is no adequate remedy at law; if for example, a prevailing applicant could not be compensated adequately in damages, or if damages cannot be measured by any certain pecuniary standard. Id. While the board members contend that none of these elements exists, the absence of any one renders an award of temporary injunctive relief inappropriate. See id. Source: Benefield v. State of Texas, No. 01-07-00970-CV (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Bland) Decisions in Appealed Cases Involving Temporary Orders and TROs from the First and Fourteenth Court of Appeals EMS USA, Inc. v. Shary (Tex.App.- Houston [1st Dist.] March 4, 2010)(Boyce) (temporary injunction appeal, elements requirements for temporary injunction, noncompete agreements) We conclude that the trial court abused its discretion when it denied EMS’s application for a temporary injunction without hearing testimony regarding whether the non-compete covenant was (1) “ancillary to or part of” the personal services contract; and (2) a reasonable restraint. REVERSED AND REMANDED: Opinion by Justice Bill Boyce 14-09-00543-CV EMS USA, Inc v. Robert Shary Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally NW Enterprises, Inc. v. City of Houston (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)(per curiam) (temporary injunction appeal dismissed as moot) The temporary injunction on appeal has clearly become inoperative. Any opinion regarding whether the trial court erred in granting the temporary injunction would therefore be advisory and without any practical legal effect. Appellee’s motion is granted and the appeal is ordered dismissed. DISMISSED: Per Curiam 14-09-00561-CV N.W. Enterprises, Inc d/b/a Gaslight News & Video v. City of Houston Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel McFarland In re Vitol, Inc. (Tex.App.- Houston [14th Dist.] Jan. 28, 2010)(per curiam grant) (mandamus granted against temporary injunction entered in family court without proper hearing) (appeal of temporary injunction by mandamus proper in family law case) MOTION OR WRIT GRANTED: Per Curiam 14-10-00049-CV In Re Vitol, Inc. and Miguel Angel Loya Appeal from 257th District Court of Harris County Trial Court Judge: Judy L. Warne Because section 6.507 of the Family Code applies specifically to divorce proceedings, it prevails over Tex. Civ. Prac. & Rem. Code § 51.014 and the order at issue is not subject to interlocutory appeal. Id.; Tex. Cv. Prac & Rem. Code Ann. §51.014(a)(4) (Vernon’s 2008). See also Gentry v. Gentry, No. 11-02-00092-CV, 2002 WL 32344575, *1 (Tex. App. — Eastland, no writ). Accordingly, we find Miguel Angel Loya does not have an adequate remedy by appeal. Ineos Group Ltd v. Chevron Phillips Chemical Co, LP (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009) (Higley) (interlocutory appeal, temporary injunction affirmed) INEOS (1) appeals the trial court's issuance of a temporary injunction prohibiting it from soliciting, negotiating, or entering into technology licensing agreements for a particular grade of polyethylene plastic made by using a certain manufacturing process. The temporary injunction is based on Chevron Phillips Chemical Company's ("CPChem") claim that the technology underlying this manufacturing process is derived from its trade secrets. In one issue, INEOS argues that the technology is no longer entitled to trade secret protection because, through a lack of vigilance, CPChem disclosed the technology to third parties, which are no longer required to keep the information confidential. Because INEOS has not shown that the trial court abused its discretion by issuing the temporary injunction, we affirm. AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-09-00504-CV Ineos Group Ltd., Ineos Technologies, Ineos Americas LLC, Ineos Manufacturing Belgium NV, Ineos LLC, Ineos Europe Limited, Ineos Polyethlene North America, Ineos USA LLC and Ineos Olefins LP v. Chevron Phillips Chemical Company, LP Appeal from County Court at Law No 2 of Galveston County Trial Court Judge: Hon. C. G. Dibrell, III Ferro v. Dinicolantonio (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(per curiam dismissal) (grant of final judgment renders appeal of temporary injunction moot)(judicial notice of signed final judgment) DISMISS APPEAL: Per Curiam 01-08-00744-CV Edward Ferro, Edward Orechia v. Arthur Dinicolantonio and Stephen Dinicolantonio Appeal from County Court at Law No 3 of Galveston County Trial Court Judge: Hon. Roy M. Quintanilla Frick v. Total Separation Solutions, LLC (Tex.App.- Houston [14th Dist.] Jul. 16, 2009)(per curiam dismissal of temporary injunction appeal, temporary injunction moot, jury trial and stipulation to vacate TI, order entered dissolving temporary injunction) DISMISSED: Per Curiam 14-07-00290-CV F. Alan "Bud" Frick, Butler & Cook, Inc. d/b/a Butler and Cook, Inc. Butler and Cook Hydraulic Center, Inc., B & C of Fort Smith, Inc. and John J. "Toby" Koprovic v. Total Separation Solutions, LLC Appeal from 215th District Court of Harris County Trial Court Judge: LEVI JAMES BENTON In Re N.W. Enterprises, Inc. (Tex.App.- Houston [14th Dist.] Jul. 14, 2009)(per curiam) (temporary injunction challenge brought by mandamus denied) MOTION OR WRIT DENIED: Opinion by Justice Brown 14-09-00577-CV In Re N.W. Enterprises, Inc. d/b/a Gaslight News and Video Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel McFarland Navasota v. NationStar Mortgage, LLC (Tex.App.- Houston [1st Dist.] Jan. 9, 2009)(Alcala) (temporary injunction void; no trial date included in order) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala 01-08-00915-CV City of Navasota v. NationStar Mortgage, LL Appeal from 506th District Court of Grimes County Bruns v. Top Design Inc. (Tex.App. - Houston [1st Dist.] Oct. 2, 2008) (temporary injunction order void, no bond) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia 01-08-00070-CV Dennie Bruns v. Top Design Incorporated Appeal from 56th District Court of Galveston County Trial Court Judge: Hon Lonnie Cox In re Anthony Santos (Tex.App.- Houston [14th Dist.] Aug. 26, 2008)(per curiam) (signing of final order moots mandamus pertaining to temporary SAPCR orders) DISMISSED: Per Curiam 14-08-00303-CV In Re Anthony L. Santos Appeal from 300th District Court of Brazoria County Benefield v. State of Texas (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Bland) (quo warranto proceeding, receivership, interlocutory appeal, orders granting a temporary injunction and order appointing receiver reversed) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland 01-07-00970-CV Nancy Benefield, Nancy S. McNulty, Naomi Morales, Robert Seton, Ruthie Parker, Susan Berkley, Gloria Reeves, Shirley Buelow and Angela Breedlove v. The State of Texas on Relation of the Alvin community Health Endeavor, Inc. and Brazoria County, Texas Appeal from 239th District Court of Brazoria County Henry v. McMichael, (Tex.App.- Houston [1st Dist.] Apr. 24, 2008)(Hanks) (dominant jurisdiction, temporary injunction appeal) AFFIRM TC JUDGMENT: Opinion by Justice Hanks 01-07-00622-CV David Henry v. James McMichael and Elizabeth Ann Koehler Co-Independent Executors of The Estate of W.T. McMichael and Catherine McMichael Appeal from County Court at Law No 1 & Probate Court of Brazoria County Trial Court Judge: Hon. Jerri Lee Mills Cedyco Corp. v. Tubbs (Tex.App.- Houston [1st Dist.] Mar. 13, 2008)(Frost) (writ of execution, trial court's temporary injunction vacated, no jurisdiction) REVERSED AND REMANDED: Opinion by Justice Frost 14-07-00399-CV Cedyco Corporation v. Carolyn Tubbs Appeal from 280th District Court of Harris County Trial court judge: Honorable Tony Lindsay EPG, Inc.v RDM, Inc. (Tex.App.- Houston [14th Dist.] Feb. 7, 2008)(Anderson) (temporary injunction appeal, injunction vacated) REVERSED AND DISMISSED: Opinion by Justice Anderson 14-07-00415-CV EPG, Inc. & Stanton Holt v. RDM, Inc. Appeal from 129th District Court of Harris County (Judge Grant Dorfman) Tanguy v. Laux (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Alcala)(temporary injunction, UFTA) AFFIRM TC JUDGMENT: Opinion by Justice Alcala 01-07-00765-CV Phillipe Tanguy v. David Laux Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray Court of appeals grants mandamus to set aside temporary order for attorney's fees In re Heather Sartain (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Nuchia) (family law, temporary order for attorneys fees, mandamus granted, divorce, SAPCR proceedings, order granting interim attorney's fees lifted] GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Nuchia 01-07-00920-CV In re Heather Sartain Appeal from 306th District Court of Galveston County Trial Court Judge: Hon. Janis L. Yarbrough Said v. Said and Phoenician Imports, Inc. (Tex.App.- Houston [1st Dist.] May 3, 2007)(Nuchia) (temporary injunction appeal, status quo issue as to going business, dispute by brothers over business) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia 01-06-00763-CV Asif Said v. Azhar Said and Phoenician Imports, Inc. Appeal from 234th District Court of Harris County (Judge Reece Rondon) Temporary Injunction Reversed by Appellate Panel EPG, Inc.v RDM, Inc. (Tex.App.- Houston [14th Dist.] Feb. 7, 2008)(Anderson) (temporary injunction appeal) REVERSED AND DISMISSED: Opinion by Justice Anderson 14-07-00415-CV EPG, Inc. & Stanton Holt v. RDM, Inc. Appeal from 129th District Court of Harris County (Judge Grant Dorfman) Challenge to temporary orders in proceeding involving child by mandamus proves successfulI In Re Collins (Tex. App.- Houston [14th Dist.] Dec. 17, 2007)(Guzman)(court of appeals limits amicus attorney involvement; representation of minor ANF by surviving parent in wrongful death action involving mother, grandparents also involved) In this original proceeding,[1] relator, Russell Craig Collins, seeks a writ of mandamus compelling respondent, the Honorable Robert J. Kern, to strike: (1) that portion of respondent's temporary orders requiring Collins to cease prosecuting his minor daughter's wrongful death claims as her next friend, and (2) that portion of respondent's order dated May 30, 2007, in which respondent appointed an amicus attorney to act as next friend to Collins's minor daughter. We conditionally grant the writ. Sharma v. Vinmar International, No. 14-05-01088-CV (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(Anderson) (temporary injunction appeal, accelerated) AFFIRMED: Opinion by Justice Anderson 14-05-01088-CV Ravin Sharma, Ashvin Dhingra, Amit Bansal, James Rew, Chemtrade Solutions, Inc., Yang Woo Chemical America, Inc., and J& J Chemtrading v. Vinmar International, LTD Appeal from 333rd District Court of Harris County (Judge not shown on docket) Separate opinion in Sharma v. Vinmar International (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(separate opinion by Guzman) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (no mandamus relief against TRO denying access to children) (Before Justices Taft, Jennings and Alcala) 01-07-00674-CV In re Sharon Keith Appeal from 312th District Court of Harris County Trial court judge: Hon. James D. Squier . |
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