337 S.W.3d 384
Tex. App.2011Background
- Appellee sued former employee Barnett for overpayments under her employment agreement and sought the amount of alleged overpayments.
- The trial court granted a temporary injunction freezing Barnett's assets during the case pendency, with an injunction order and bond.
- The case was set for a merits trial on January 10, 2011.
- Barnett filed an accelerated interlocutory appeal under Texas Civil Practice and Remedies Code § 51.014(a)(4).
- The parties obtained a continuance of the merits trial to June 2011 due to an asserted important appellate issue, delaying resolution of the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the temporary injunction was abused | Barnett argues the injunction improperly restricted assets and was unwarranted. | Griego contends the injunction was properly granted to secure potential remedies. | Appeal dismissed; merits not addressed. |
Key Cases Cited
- Dallas/Fort Worth Int'l Airport Bd. v. Assoc. of Taxicab Operators, USA, 335 S.W.3d 361 (Tex.App.Dallas 2010) (judicial economy discourages delaying merits; no advisory opinions on interlocutory appeals)
- Coal, of Cities for Affordable Util. Rates v. Third Court of Appeals, 787 S.W.2d 946 (Tex.1990) (advocates expeditious progression from injunctive relief to merits)
- Valley Baptist Med. Ctr. v. Gonzalez, 33 S.W.3d 821 (Tex.2000) (preliminary advisory opinions not encompassed by interlocutory appeal)