Opinion
No. 05-03-01227-CV.
Opinion filed February 11, 2004.
On Appeal from the 380th Judicial District Court, Collin County, Texas, Trial Court Cause No. 380-2076-03.
Reversed and Remanded.
Before Justices WHITTINGTON, LANG, and LANG-MIERS.
MEMORANDUM OPINION
In four issues, Business Ideas, Inc. appeals the trial court's order temporarily enjoining Business Ideas, Inc. from spending or otherwise dissipating $145,000 paid to it by JCP ECommerce, L.P. In its fourth issue, Business Ideas, Inc. contends the trial court abused its discretion in granting a temporary injunction without including in its order a date for trial.
Applicable Law
Texas Rule of Civil Procedure 683 provides that "[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 requirements of rule 683 are mandatory and must be strictly followed. Qwest Communications Corp. v. ATT Corp., 24 S.W.3d 334, 337 (Tex. 2000) (per curiam); InterFirst Bank San Felipe, N.A. v. Paz Constr. Co., 715 S.W.2d 640, 641 (Tex. 1986) (per curiam). When a temporary injunction order does not adhere to the requirements of rule 683, the injunction order is subject to being declared void and dissolved. InterFirst Bank, 715 S.W.2d at 641.
Application of Law to Facts
The trial court's order granting JCP ECommerce, L.P.'s application for temporary injunction does not include an order setting the cause for trial on the merits. While a supplemental clerk's record was filed with this Court which contains a docket sheet showing that the trial court set this case for trial on January 26, 2004, no amended order granting injunctive relief is contained in the record. It is clear that when the August 4, 2003 temporary injunction order was signed and entered, it was voidable because it failed to set the cause for trial on the merits.
Conclusion
We conclude that the temporary injunction order is void and resolve Business Ideas, L.P.'s fourth issue in its favor. We reverse the trial court's order, dissolve the temporary injunction, and remand the cause for further proceedings. Because Business Ideas, Inc.'s fourth issue is dispositive, we need not reach its first three issues. See Tex.R.App.P. 47.1.