INTERFIRST BANK SAN FELIPE, N.A. Petitioner, v. PAZ CONSTRUCTION COMPANY, ET AL., Respondents, 715 S.W.2d 640

Summary

A trial court granted a temporary injunction that enjoined petitioner bank from foreclosing a deed of trust lien securing payment of a promissory note given by respondent company. Petitioner argued on appeal that the trial court's injunction order was void because it did not include an order setting the cause for trial on the merits. The court below affirmed the trial court's judgment after finding no abuse of discretion. Petitioner subsequently filed an application for writ of error. The court granted the application for writ of error because the lower court's decision conflicted with Tex. R. Civ. P. 683, which required every order granting a temporary injunction to include an order setting the cause for trial on the merits with respect to the ultimate relief sought. Because the temporary injunction order did not adhere to the requirements of Tex. R. Civ. P. 683, the judgment of the court below was reversed. The court declared the temporary injunction void and ordered that it be ...