Opinion
No. 05-11-01629-CV
06-04-2012
ARCHER BONNEMA and SHERRY BONNEMA, Appellants v. MARCELLA JUNE BONNEMA and ROGER BONNEMA (deceased), Appellees
REVERSE and REMAND; Opinion Filed June 4, 2012.
On Appeal from the 417th Judicial District Court
Collin County, Texas
Trial Court Cause No. 417-01801-2011
MEMORANDUM OPINION
Before Justices O'Neill, Richter, and Lang-Miers
Opinion By Justice Richter
This is an interlocutory appeal of the trial court's order granting a temporary injunction. In three issues, appellants, Archer Bonnema and Sherry Bonnema, contend the trial court abused its discretion in granting the temporary injunction because appellees, Marcella June Bonnema and Roger Bonnema, failed to present admissible evidence in support of the injunction, the temporary injunction constituted a collateral attack on a bankruptcy court order, and the temporary injunction was without sufficient supporting affidavits. Because Texas Rule of Civil Procedure 683 requires that every order granting an injunction shall include an order setting the cause for trial, we declare the order void and the temporary injunction dissolved.
The purpose of a temporary injunction is to preserve the status quo of the subject matter of the suit pending a final decision on the rights of the parties. See Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002); Leighton v. Rebeles, 343 S.W.3d 270, 273 (Tex. App.-Dallas 2011, no pet.). The decision to grant or deny a temporary injunction is within the trial court's sound discretion and is subject to reversal only for a clear abuse of that discretion. See Butnaru, 84 S.W.3d at 204; El Tacaso, Inc. v. Jireh Star, Inc, 356 S.W.3d 740, 745 (Tex. Ct. App.-Dallas 2011, no pet.).
On November 29, 2011, the trial court entered a temporary injunction stating that appellants and all of appellants' officers, agents, servants, employees, successors and assigns, attorneys, and anyone else who may have possession of any amount of the Entrusted Funds are ORDERED to immediately cease and desist from directly or indirectly disbursing such funds . . . other than keeping it wherever it may be presently held until the rights of the parties herein may be determined.
The temporary injunction did not contain an order setting the cause for trial on the merits.
Texas Rule of Civil Procedure 683 states "[e]very order granting a temporary injunction shall include an order setting the cause for trial on the merits with respect to the ultimate relief sought." Tex. R. Civ. P. 683. The reason for requiring that an injunction order include a trial date is to prevent the temporary injunction from effectively becoming permanent. See EOG Res., Inc. v. Gutierrez, 75 S.W.3d 50, 53 (Tex. App.-San Antonio 2002, no pet.). The procedural requirements of Rule 683 are mandatory and an order granting a temporary injunction that does not meet them is subject to being declared void and dissolved. See Qwest Commc'ns Corp. v. AT&T Corp., 24 S.W.3d 334, 337 (Tex. 2000) (per curiam); El Tacaso, 356 S.W.3d at 745. Because the temporary injunction failed to include an order setting the cause for trial on the merits, we conclude it is void. See Qwest, 24 S.W.3d at 337.
We reverse the trial court's temporary injunction order, dissolve the temporary injunction, and remand to the trial court for further proceedings.
MARTIN RICHTER
JUSTICE
111629F.P05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
ARCHER BONNEMA and SHERRY BONNEMA, Appellants
V.
MARCELLA JUNE BONNEMA and ROGER BONNEMA, Appellees
No. 05-11-01629-CV
Appeal from the 417th Judicial District Court of Collin County, Texas.
(Tr.Ct.No. 417-01801-2011).
Opinion delivered by Justice Richter,
Justices O'Neill, and Lang-Miers participating.
In accordance with this Court's opinion of this date, the judgment of the trial court is REVERSED, the temporary injunction is dissolved, and this cause is REMANDED to the trial court for further proceedings. It is ORDERED that each party bear his own costs of the appeal.
Judgment entered June 4, 2012.
MARTIN RICHTER
JUSTICE