02-25-00082-CV
Tex. App.Jun 26, 2025Background
- Gregory Brady and Claudia Brady divorced in 2021, agreeing in the decree that their children's primary residence would remain at the marital home in Tarrant County unless modified by court order or written agreement.
- Claudia moved with the children to her fiancé Bob Reeves's residence without Gregory's knowledge and later transferred title of the primary residence to Reeves.
- Reeves, after separating from Claudia, planned to sell the residence and informed Gregory, prompting Gregory to seek enforcement of the decree and a temporary restraining order/injunction to prevent the sale without his consent.
- The trial court initially granted the temporary restraining order, and after a hearing (with no testimony or exhibits), converted it to a temporary injunction prohibiting Reeves from selling or transferring the residence until a full hearing could be held.
- Reeves filed an interlocutory appeal, arguing procedural defects and lack of evidence supporting the injunction.
- The appellate court's memorandum opinion turns on whether such injunctions are appealable under the Texas Family Code or the Civil Practice & Remedies Code.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appealability under which Code | Reeves: Civil Practice & Remedies Code allows appeal of temp. injunctions | Brady: Family Code § 105.001 controls; no interlocutory appeal permitted | Family Code governs; no appeal allowed |
| Injunction procedural requirements | Reeves: Injunction lacks bond, trial date, evidence (Tex. R. Civ. P. 680-684) | Brady: Family Code temp. orders need not satisfy those Civil Rules | Family Code controls; requirements n/a |
| Authority for post-decree temp. orders | Reeves: Decree finalized; further orders must strictly follow Civ. rules | Brady: § 105.001 allows temp. orders post-judgment for child welfare | Temp. order authorized under §105.001 |
| Welfare of children as basis | Reeves: No admissible evidence of harm, so injunction unwarranted | Brady: Loss of residence would uproot children and cause irreparable harm | Court found sufficient child welfare basis |
Key Cases Cited
- McFadin v. Broadway Coffeehouse, 539 S.W.3d 278 (Tex. 2018) (Appellate jurisdiction limited to final judgments unless statute provides otherwise)
- Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001) (Defines final judgment for purposes of appeal)
- Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352 (Tex. 2001) (Identifies interlocutory appeals exceptions)