Leighton v. Rebeles
343 S.W.3d 270
| Tex. App. | 2011Background
- Rebeles sued Leighton to wind up a partnership; jury found existence of a partnership.
- The trial court signed an Interlocutory Order appointing a special master and enjoining parties from certain conduct regarding partnership property during winding up.
- Leighton challenged the injunction as beyond scope and not supported by pleadings or evidence; bond was not provided.
- The Interlocutory Order incorporated the jury verdict and directed a special master to report on partnership property valuation by a set date and mediation after the report.
- The court lacked a set trial date for the merits of ultimate relief, and Rule 683 requirements for injunctions were not satisfied.
- This interlocutory appeal concerns the validity of the temporary injunction portion; the court ultimately holds the injunction void and dissolves it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the temporary injunction complies with Rule 683. | Leighton argues the injunction fails Rule 683 requirements. | Rebeles contends court had authority to issue injunction under related codes. | Injunction void for failure to meet Rule 683 requirements. |
Key Cases Cited
- Butnaru v. Ford Motor Co., 84 S.W.3d 198 (Tex. 2002) (standard for temporary injunction appeal/discretion)
- Qwest Communications Corp. v. AT&T Corp., 24 S.W.3d 334 (Tex. 2000) (mandatory trial-date requirement for injunctions)
- EOG Resources, Inc. v. Gutierrez, 75 S.W.3d 50 (Tex. App.—Dallas 2002) (bond and trial-date considerations in injunctions)
- Davis v. Huey, 571 S.W.2d 859 (Tex. 1978) (limits on appellate review of injunctions)
- Elliott v. Lewis, 792 S.W.2d 853 (Tex. App.-Dallas 1990) (status quo preservation in injunctions)
- Markel v. World Flight, Inc., 938 S.W.2d 74 (Tex. App.-San Antonio 1996) (limitation of review to appealable injunction provisions)
