Petition for Injunctive Relief in Texas

What Is a Petition for Injunctive Relief?

“Injunctive relief is [a temporary remedy] sought simply to maintain the status quo pending resolution of the lawsuit.” (In re Cont'l Airlines (1998) 988 S.W.2d 733, 736.)

How to Structure the Motion

In order to be entitled to injunctive relief, an applicant must establish irreparable injury, the lack of an adequate remedy at law, and the likelihood of prevailing on the merits. (Millwrights Local Union No. 2484 v. Rust Engineering Co.(1968) 433 S.W.2d 683, 685-86; GATX Leasing Corp. v. DBM Drilling Corp. (1983) 657 S.W.2d 178, 180.)

“No temporary injunction shall be issued without notice to the adverse party.” (Tex. R. Civ. P. 681.)

“No writ of injunction shall be granted unless the applicant therefor shall present his petition to the judge verified by his affidavit and containing a plain and intelligible statement of the grounds for such relief.” (Tex. R. Civ. P. 682.)

Tex. R. Civ. P. 683 provides in relevant part:

Every order granting an injunction and every restraining order shall:

set forth the reasons for its issuance; shall be specific in terms;
shall describe in reasonable detailand not by reference to the complaint or other document,the act or acts sought to be restrained;
and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.

Tex. R. Civ. P. 683 further provides:

Every order granting a temporary injunction shall include an order setting the cause for trial on the merits with respect to the ultimate relief sought. The appeal of a temporary injunction shall constitute no cause for delay of the trial.

The Court’s Decision

“A verified petition for injunctive relief is not required to grant a temporary injunction when a full evidentiary hearing on evidence independent of the petition has been held.” (Georgiades v. Di Ferrante (1994) 871 S.W.2d 878, 882 citing Ohlhausen v. Thompson (1986) 704 S.W.2d 434, 437.)

Statutory Provisions vs. Common Law Requirements

“In... cases in which appellate courts have held that a statute supersedes the common law's injunctive irreparable injury requirements, the statute has specifically defined the type of injury that must be shown to entitle the applicant to injunctive relief.” (Sonwalkar v. St. Luke's Sugar Land P'ship (2012) 394 S.W.3d 186, 199.)

Examples of such statutes:

Tex. Bus. & Com. Code Ann. § 15.51(a) (West 2011) [Covenants Not to Compete Act—breach by the promisor of the covenant];
Tex. Lab. Code Ann. § 21.258 (West 2006) [Texas Commission on Human Rights Act-respondent is engaging in unlawful employment practice];
Tex. Elec. Code Ann. § 273.081 (West 2010) [Election Code—person is being harmed or is in danger of being harmed by a violation or threatened violation of the statute];
Tex. Bus. & Com. Code Ann. § 17.47(a) (West 2011) [Deceptive Trade Practices Act—consumer protection division has reason to believe person is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by Act];
Tex. Nat. Res. Code Ann.. § 61.018(a) (West 2011) [Open Beaches Act—injunction to remove or prevent any improvement, maintenance, obstruction, barrier, or other encroachment on a public beach, or to prohibit any unlawful restraint on the public's right of access to and use of a public beach or other activity that violates the Act].

(Id.) “Thus, in such cases, the statute's express language defining the requisite injury to be demonstrated supersedes the common law's irreparable injury requirement.” (Id.)

Business Organizations Code and Injunctive Relief

“Section 152.211(b) of the Business Organizations Code, although generally authorizing injunctions to ‘enforce a right under the partnership agreement’ and the like, does not define the requisite injury entitling the applicant to injunctive relief.... Accordingly, Section 152.211(b) does not supersede the common law's irreparable injury requirement, and [plaintiffs are] required to meet this requirement in order to be entitled to injunctive relief.” (Sonwalkar v. St. Luke's Sugar Land P'ship (2012) 394 S.W.3d 186, 198.)

Documents for Petition for Injunctive Relief in Texas

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Garages of Texas @ Katy Condominium Association, Inc. vs Roayaee LLC, A Texas Liability Company document preview

Plaintiff's Original Petition for Injunction & Damages - Petition Index # 1

8 pages

NO GARAGES OF TEXAS @ KATY IN THE DISTRICT COURT OF CONDOMINIUM ASSOCIATION, INC. Plaintiff vs. FORT BEND COUNTY, TEXAS ROAYAEE LLC, A TEXAS LIMITED LIABILITY COMPANY Defendant JUDICIAL DISTRICT …

Case Name Garages of Texas @ Katy Condominium Association, Inc. vs Roayaee LLC, A Te…