Mattox v. Jackson
336 S.W.3d 759
| Tex. App. | 2011Background
- Mattox and Wilkerson purchased two adjacent lots in Hill Forest Manor; an unpaved county road easement runs across their land.
- The Jacksons own land outside the subdivision; the easement is not necessary for Jacksons' access.
- Mattox/Wilkerson sought cancellation of the 134-foot road dedication; this led to a separate action with Grimes County.
- In March 2007, Jacksons sued for declaratory relief and sought a permanent injunction to declare the roadway public and to remove obstructions.
- Around July 2010, Mattox/Wilkerson erected additional barriers across the roadway; Jacksons moved for a temporary injunction.
- The trial court granted an oral-only temporary injunction; hearing in August 2010 focused on status quo rather than merits, and a nunc pro tunc order and findings followed, with notice of appeal filed on August 11, 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TRO is reviewable on appeal | Mattox argues the TRO was appealable and voids the order. | Jacksons contend TRO not appealable under §51.014(a)(4). | TRO review is outside the interlocutory appeal; point overruled. |
| Grant of temporary injunction without written application or verification | Jacksons' oral application lacked written petition/verification. | Temporary injunction can issue after an evidentiary hearing even without a verified petition. | The trial court abused discretion; no independent evidence supported the injunction. |
| Whether the evidentiary hearing allowed adequate proof beyond the petition | Evidence was needed beyond the petition to support the injunction. | Status quo preservation suffices; merits are not required at this stage. | Abuse of discretion due to lack of independent evidence to establish probable right/injury. |
Key Cases Cited
- Butnaru v. Ford Motor Co., 84 S.W.3d 198 (Tex. 2002) (three elements for temporary injunction and standard of review)
- Walling v. Metcalfe, 863 S.W.2d 56 (Tex. 1993) (status quo preservation and scope of review for injunctions)
- In re Newton, 146 S.W.3d 648 (Tex. 2004) (definition of status quo)
- Georgiades v. Di Ferrante, 871 S.W.2d 878 (Tex.App.-Houston [14th Dist.] 1994) (verified petition not required when full evidentiary hearing conducted)