El Caballero Ranch, Inc. A/K/A El Caballero, LLC and Laredo Marine, LLC v. Grace River Ranch, LLC
04-15-00127-CV
| Tex. App. | Aug 14, 2015Background
- Grace River Ranch, LLC obtained a Partial Summary Judgment in the 218th District Court (La Salle County) resolving the validity, continuity, and extent of private and public easements across property at issue.
- The trial court included a permanent injunction preventing El Caballero Ranch, Inc. and Laredo Marine, L.L.C. from interfering with those easements.
- Appellants (El Caballero and Laredo Marine) appealed, arguing the order either was interlocutory because it contained a temporary injunction or that relief exceeded what Grace River pleaded and what summary judgment evidence could support.
- Appellee (Grace River) responds that the petition and summary-judgment motion expressly sought a permanent injunction and that summary-judgment evidence can support such relief.
- Appellants also sought mandamus relief in the Fourth Court of Appeals; a separate mandamus petition was denied without explicating whether the injunction was temporary or permanent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Partial Summary Judgment awarded a permanent injunction | Grace River: judgment expressly granted permanent injunction and pleadings/motion sought permanent relief | Appellants: judgment is interlocutory/temporary or grants more relief than pleaded | Court: appellee argues record shows permanent injunction was pleaded and supported; court has jurisdiction to decide if interlocutory relief exists |
| Whether appellate court has jurisdiction over the appeal | Grace River: court must determine its own jurisdiction; if no temporary injunction, no interlocutory appeal exists | Appellants: maintain this Court lacks jurisdiction to resolve whether injunction is temporary | Court: appellee asserts the appellate court has inherent authority to decide jurisdiction (citing Heckman) |
| Whether summary-judgment evidence can support a permanent injunction | Grace River: summary-judgment evidence is competent and can support permanent injunction | Appellants: evidence is incompetent and insufficient to support permanent injunction | Court: appellee cites precedent that permanent injunction may be granted on summary judgment evidence |
| Effect of denial of mandamus petition on character of injunction | Grace River: denial contained no finding that injunction was temporary; order silent on nature of injunction | Appellants: contend denial indicates the injunction is temporary | Court: appellee notes the mandamus denial gave no expressed basis and does not establish injunction type |
Key Cases Cited
- Heckman v. Williamson County, 369 S.W.3d 137 (Tex. 2012) (courts have authority to determine their own jurisdiction)
- Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001) (relief granted on summary judgment determined by the pleadings)
- Texas Health Care Information v. Seton Health Plan, Inc., 94 S.W.3d 841 (Tex. App.—Austin 2002) (affirmed in part, remanded in part) (permanent injunction may be supported by summary-judgment evidence)