Temporary Restraining Orders and Temporary Injunctions

• Author: Scott Brister (Ret.)/Dan S. Boyd
• Pages: 693-748

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Chapter 17

TEMPORARY RESTRAINING ORDERS

AND TEMPORARY INJUNCTIONS

QUICK VIEW

Definitions: A temporary restraining order (TRO) maintains the status quo between parties to a suit until the

court can hold a hearing to determine whether to issue a temporary injunction. A temporary injunction (TI)

maintains the status quo between parties to a suit until the suit is finally resolved.

Scope of chapter: Grounds for obtaining and opposing temporary injunctive relief; proper and improper sub-

jects for temporary injunctive relief; how to obtain and oppose a TRO or TI; dissolution, modification, and

enforcement of TROs and TIs; interlocutory appeal of TIs; suit for wrongful injunction; sample forms.

Strategies and tactics: Counsel should devote just as much preparation to hearings on temporary matters as to

trial on the merits. Temporary orders are not intended as a substitute for a trial on the merits, but they sometimes

have that effect. And the ruling may create interim hardships for the losing party and have a significant effect on

the range of settlement offers.

Statutes and rules: CPRC §§65.001-65.045; TRCP 680-693.

Related topics: Motions, Ch 16; Venue, Ch 9; Parties, Ch 6.

TABLE OF CONTENTS

I. Overview

§17:01 In General

§17:02 Temporary Restraining Order (“TRO”)

§17:03 Temporary Injunction (“TI”)

§17:04 Permanent Injunction

§17:04.1 Post-Judgment Injunction

§17:05 Prohibitory vs. Mandatory Injunctions

§17:06 Title of Order Not Dispositive

§17:07 Importance of Temporary Relief

§17:08 CAVEAT: Family Law Cases Governed by Different Rules

(Rev. 10, 4/13)

TEXAS PRETRIAL PRACTICE 17-2

II. Grounds and Defenses

A. General Points

§17:14 Common-Law Equitable Grounds

§17:15 General Injunction Statute

§17:16 EXCEPTION: Statutory Injunctions

§17:17 Examples of Statutory Injunctions

§17:18 EXCEPTION: Real Estate

§17:19 TRO: Standards May Not Matter

B. Probable Right to Relief

§17:23 Allege Valid Cause of Action

§17:24 Claim Must Have Merit

§17:25 If Claims of Merit Conflict

§17:25.1 If Multiple Claims, At Least One Must Have Merit

§17:26 CASE EXAMPLES: Probable Right to Relief

§17:27 CASE EXAMPLES: No Probable Right to Relief

§17:28 Determination Not Law of Case

C. Probable Injury

§17:34 Elements

§17:35 Injury Must Be Imminent

§17:36 Injury Must Be Irreparable

§17:37 CASE EXAMPLES: Imminent Irreparable Injury

§17:38 CASE EXAMPLES: No Imminent Irreparable Injury

§17:39 EXCEPTIONS: No Showing of Irreparable Harm Needed

D. Lack of Adequate Remedy at Law

§17:44 Legal Remedy Must Be as Good as Equitable

§17:45 Overlap With Irreparable Harm

§17:46 Money Damages Inadequate

§17:47 CASE EXAMPLES: No Adequate Remedy at Law

§17:48 CASE EXAMPLES: Adequate Remedy at Law

§17:49 EXCEPTIONS: No Showing Needed

§17:50 Unrelated Avenues May Provide Legal Remedy

§17:51 Contract Provisions

E. Preservation of Status Quo

§17:56 Determining and Preserving the Status Quo

§17:57 TI Should Not Decide the Merits

§17:58 CASE EXAMPLES: TI Necessary to Preserve Status Quo

§17:59 CASE EXAMPLES: TI Did Not Preserve Status Quo

F. Other Equitable Considerations

§17:62 Balance of Equities

§17:63 CASE EXAMPLES: Balance Supported TI

§17:64 CASE EXAMPLES: Balance Supported Denying TI

§17:65 EXCEPTION: Statutory TI

§17:66 Public Interest

G. Defenses

§17:70 Unclean Hands

(Rev. 1, 12/00)

17-3 TEMPORARY RESTRAINING ORDERS AND TEMPORARY INJUNCTIONS

§17:71 CASE EXAMPLES: Unclean Hands Barred TI

§17:72 CASE EXAMPLES: No Unclean Hands Bar

§17:73 Laches

III. Subject Matter

A. Covenants Not to Compete or Disclose

1. COVENANTS NOT TO COMPETE

§17:77 Contract Required

§17:78 Mandatory Statutory Requirements

§17:79 Ancillary to Enforceable Agreement

§17:79.1 Timing of Ancillary Consideration

§17:80 Legitimate Business Interest

§17:81 Reasonable Limitations: In General

§17:81.1 Reasonable Limitations: Time

§17:81.2 Reasonable Limitations: Area

§17:81.3 Reasonable Limitations: Scope of Activity and Customers

§17:81.4 Reformation of Unreasonable Limitations

§17:82 Wrongful Injunction

§17:83 Must Common Law TI Requirements Still Be Met?

2. COVENANTS NOT TO DISCLOSE

§17:88 Express Contract Not Required

§17:89 Scope of Relief

§17:89.1 Scope of Relief: Use or Competition?

§17:90 Probable Right to Recover

§17:91 Irreparable Injury and Inadequate Remedy

B. Anti-Suit Injunctions

§17:96 Injunction Directed to Parties and Attorneys

§17:97 Grounds

§17:97.1 Grounds: Threat to Jurisdiction

§17:97.2 Grounds: Public Policy

§17:97.3 Grounds: Multiplicity of Suits

§17:97.4 Grounds: Vexatious Litigation

§17:97.5 Grounds: Post-Judgment

§17:98 Enjoining Suits in Other Texas Courts

§17:99 Dominant Jurisdiction

§17:100 EXCEPTIONS

§17:101 IN PRACTICE: Seek Abatement of Second Suit

§17:102 Foreign Suits

§17:103 Federal Suits

§17:104 Vexatious Litigants

§17:105 Anti-Anti-Suit Injunctions

C. Other Proper Subjects for Injunctions

§17:110 General Injunction Statute

§17:111 Constitutionality of Civil Statutes

§17:112 Real Property: Drilling and Mining Operations

(Rev. 10, 4/13)

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