Developments & Commentary

The Dietrich Law Firm - On Texas Law

Texas civil litigation, contracts, trade secrets, tortious interference, jurisdiction, and procedure — written by the trial lawyers of The Dietrich Law Firm.

Sunday, March 10, 2013

Purpose & Proof for Temporary Injunctions in Texas

What is the purpose of a temporary injunction, and what must be proved to obtain a temporary injunction in Texas?

“A temporary injunction's purpose is to preserve the status quo of the litigation's subject matter pending a trial on the merits.  A temporary injunction is an extraordinary remedy and does not issue as a matter of right.  To obtain a temporary injunction, the applicant must plead and prove three specific elements: (1) a cause of action against the defendant; (2) a probable right to the relief sought; and (3) a probable, imminent, and irreparable injury in the interim.  An injury is irreparable if the injured party cannot be adequately compensated in damages or if the damages cannot be measured by any certain pecuniary standard.  Whether to grant or deny a temporary injunction is within the trial court's sound discretion.  A reviewing court should reverse an order granting injunctive relief only if the trial court abused that discretion.  The reviewing court must not substitute its judgment for the trial court's judgment unless the trial court's action was so arbitrary that it exceeded the bounds of reasonable discretion.”  Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002)(citations omitted).

No comments:

Post a Comment

Copyright Notice

Some postings and other related content on this website are the property of The Dietrich Law Firm, and are protected by federal copyright law and other restrictions. The author expressly prohibits the copying of any protected materials on this website, except for the purpose of fair use.

The Dietrich Law Firm © 2019
Powered by Blogger.

Disclaimer

This Blog/Web Site is made available by The Dietrich Law Firm for educational purposes only. It is our intent to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this blog does not create an attorney-client relationship between you and The Dietrich Law Firm. You should not act upon the information on this blog without seeking advice from a lawyer licensed in your own state. Please note that you should not send any confidential information pertaining to potential legal services to The Dietrich Law Firm or any of its attorneys until you have received written agreement to perform the legal services you requested. Unless you have received such written confirmation, we will not consider any correspondence you send us as confidential. The information on the blog may be changed without notice and is not guaranteed to be complete, correct, or up-to-date. While we try to revise the blog on a regular basis, it may not reflect the most current legal developments. The opinions expressed on this blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

E-mail Policy

The Dietrich Law Firm cannot provide legal advice without first checking for conflicts of interest and entering into a formal, written, attorney-client agreement signed by all parties. Accordingly, we ask that you not send us confidential information by email.
The Dietrich Law Firm

River Oaks Tower
3730 Kirby Drive, Suite 1175
Houston, TX 77098

Popular Posts

Limitations, Nuisance, and Injunctions: Family Dollar Stores of Texas, LLC v. JLMH Investments, LLC

Runoff from a neighboring development has been flooding my property for years. If it is too late to sue for damages, can I still ask a court...

Please note The material above has been prepared by The Dietrich Law Firm for informational purposes only; it does not constitute legal advice, and reading it does not create an attorney-client relationship. The law changes, and articles reflect the law as of their publication date. No person should act or rely on any information here without seeking the advice of an attorney. If you believe you have a legal matter, statutes of limitations may limit the time you have to act — contact the firm or call 713-830-7687.