Larry Strube v. Cleo Patricia Shelby
2014 Tex. App. LEXIS 2788
| Tex. App. | 2014Background
- Cleo Shelby sought a temporary restraining order and obtained a temporary injunction against Strube regarding the DeKalb farm property owned jointly by Cleo and the Living Trust.
- The DeKalb property is located in Bowie County and held by Cleo and the Trust as tenants in common with assets in Texas, California, and Nevada.
- The injunction prohibited Strube from entering the DeKalb property, destroying records, removing property, and engaging in harassing conduct toward Cleo or her employees.
- The trial court issued the injunction after an ex parte TRO and later did not set a date for trial on the merits.
- Strube appealed arguing Rule 683 requires a trial date and that the trial court abused its discretion in issuing the injunction.
- The court held the injunction void for failure to set a trial date and reversed/dissolved the injunction, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the injunction complies with Rule 683 | Strube: no trial date as required under Rule 683. | Cleo: order sets conditions but not the merits trial date. | Injunction void for lack of trial date. |
| Whether the trial court abused its discretion in issuing the injunction | Strube contends improper relief due to Rule 683 defect and other standards. | Cleo argues extraordinary relief justified by pending management dispute. | Abuse of discretion not reached; voidness due to missing trial date controls. |
Key Cases Cited
- Qwest Communications Corp. v. AT&T Corp., 24 S.W.3d 334 (Tex. 2000) (mandatory trial-date requirement preserves merits proceedings)
- Cavanna, 374 S.W.3d 464 (Tex. App.—Waco 2011) (injunction without trial date void)
- Moon v. Estate of Moon, 221 S.W.3d 327 (Tex. App.—Texarkana 2007) (abuses discretion standard for injunctions)
- Leighton v. Rebeles, 343 S.W.3d 270 (Tex. App.—Dallas 2011) (failure to meet Rule 683 renders order fatally defective)
- Butnaru v. Ford Motor Co., 84 S.W.3d 198 (Tex. 2002) (test for abuse of discretion in issuing temporary injunctions)