(Download) "City of Sherman v. Eiras" by In the Court of Appeals Fifth District of Texas at Dallas # Book PDF Kindle ePub Free
eBook details
- Title: City of Sherman v. Eiras
- Author : In the Court of Appeals Fifth District of Texas at Dallas
- Release Date : January 17, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The temporary injunction contained in the clerks record does not include a setting for trial on the merits as required by civil procedure rule 683. Tex. R. Civ. P. 683. The failure to meet the requirements of civil procedures rules 683 and 684 renders a temporary injunction subject to being declared void. Qwest Communications Corp. v. A T & T Corp., 24 S.W.3d 334, 337 (Tex. 2000) (per curiam). A temporary injunction which does not include a setting for trial on the merits on a specific date is void. EOG Res., Inc. v. Gutierrez, 75 S.W.3d 50, 53 (Tex. App.-San Antonio 2002, no pet.). An appellate court can declare a temporary injunction void even if the issue has not been raised by the parties. Id. We conclude the temporary injunction signed by the trial court on March 3, 2005 is void because it fails to include a specific date for trial on the merits. Accordingly, the Court REVERSES the temporary injunction signed March 3, 2005. The Court ORDERS the trial court to enter an order dissolving the temporary injunction signed March 3, 2005.
 "City of Sherman v. Eiras" by In the Court of Appeals Fifth District of Texas at Dallas # Book PDF Kindle ePub Free){kind=link}