Unreported / Non-Citable
Background
The 139th District Court of Hidalgo County entered a temporary injunction involving CN Holding, LLC and interested parties claiming through it, as appellants, and Yesenia Lynett Cantu and Ricardo Cantu, as appellees.
The temporary-injunction order did not set a date for trial. CN Holding and the other appellants appealed, arguing that this omission rendered the injunction void.
The Court’s Holding
The Texas Thirteenth Court of Appeals agreed that the temporary injunction was void. Texas Rule of Civil Procedure 683 requires a temporary-injunction order to include a trial setting.
Because the order lacked a trial setting, the court declared the temporary injunction void, dissolved it, and remanded the case for further proceedings. The court did not reach the merits and denied all pending motions.
Key Takeaways
- A Texas temporary-injunction order must include a trial setting under Rule 683.
- An injunction that omits the trial setting is void and must be dissolved.
- The appellate court resolved only the procedural defect, remanding without addressing the merits.
Why It Matters
The decision underscores that compliance with Rule 683 is mandatory. Even without considering whether injunctive relief was substantively warranted, an appellate court must dissolve a temporary injunction that fails to specify a trial setting.