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Keck v. First City National Bank of Houston

Court of Appeals of Texas, Houston, Fourteenth District
May 21, 1987
731 S.W.2d 699 (Tex. App. 1987)

Summary

concluding that, in reviewing a trial court ruling, it is improper for an appellate court to consider pleadings, actions by the parties, or actions by other courts taking place after the trial court rendered the ruling at issue, unless the subsequent matters deprive the appellate court of jurisdiction

Summary of this case from Hous. Indep. Sch. Dist. v. Durrell

Opinion

No. B14-87-026-CV.

May 21, 1987.

Appeal from the 164th District Court, Harris County, Peter S. Solito, J.

Richard B. Miller, Tom Alexander, Joe H. Reynolds, Charles C. Crady, III, Houston, Joe R. Davidson, Bellaire, for appellants.

Ewing Werlein, Jr., Joseph D. Jamail, John L. Jeffers, Jr., Houston, for appellees.

Before PAUL PRESSLER, MURPHY and ELLIS, JJ.

OPINION


This is an appeal from an order granting a temporary injunction sought by Howard B. Keck, Jr., and Kerry Vaughan. The order enjoins Howard B. Keck, Sr., and Erin Anne Lower from filing or prosecuting or assisting in the filing or prosecution of litigation concerning five Keck family trusts in any other jurisdiction. It also enjoins Howard B. Keck, Sr., from attempting to remove or replace First City National Bank of Houston as trustee of the five trusts.

The order granting the temporary injunction does not include an order setting the cause for trial on the merits with respect to the ultimate relief sought as required in civil procedure Rule 683. Tex.R.Civ.P. 683. Both appellants have raised this failure in points of error. Appellees argue the omission of the trial date should not be fatal because the cause had already been set for trial April 20, 1987.

The supreme court has clearly stated: "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 San Felipe v. Paz Construction Co., 715 S.W.2d 640, 641 (Tex. 1986). In that case the supreme court reversed this court's holding that the failure to place a trial date should not be grounds for automatic reversal. The clear message in Paz is that the requirements of Rule 683 are mandatory and must be strictly followed. We sustain point of error four brought by Keck, Sr., and point of error five brought by Lower.

Because of our disposition on these points we do not consider the other points of error.

Three motions concerning supplementation of the record are pending. It is the court's opinion that it is improper to consider any pleadings, actions by the parties, or actions by other courts taking place after the date of the order now appealed. "Events taking place subsequent to the issuance of a temporary injunction may afford a basis for modification of the order by the trial court but unless such occurrences render the cause for the injunctive relief entirely moot or academic, . . . our action must be controlled by the record made in the trial court at the time the injunction was issued." University of Texas v. Morris, 162 Tex. 60, 344 S.W.2d 426, 429 (1961). The motion brought by Keck, Sr., to strike the third supplemental transcript is sustained. We overrule appellees' pending motions to supplement the record.

We reverse the judgment of the trial court, declare the temporary injunction void, and order it dissolved.


Summaries of

Keck v. First City National Bank of Houston

Court of Appeals of Texas, Houston, Fourteenth District
May 21, 1987
731 S.W.2d 699 (Tex. App. 1987)

concluding that, in reviewing a trial court ruling, it is improper for an appellate court to consider pleadings, actions by the parties, or actions by other courts taking place after the trial court rendered the ruling at issue, unless the subsequent matters deprive the appellate court of jurisdiction

Summary of this case from Hous. Indep. Sch. Dist. v. Durrell

concluding that, in reviewing a trial court ruling, it is improper for an appellate court to consider pleadings, actions by the parties, or actions by other courts taking place after the trial court rendered the ruling at issue, unless the subsequent matters deprive the appellate court of jurisdiction

Summary of this case from Nat'l City Bank of Ind. v. Ortiz

stating that this court's action must be based on the record made in the trial court at the time of the trial court's ruling

Summary of this case from In re Kosmos Energy Sao Tome & Principe

stating that appellate court's determination of whether trial court erred in making a ruling is determined based on the trial court record that existed at the time of the trial court's ruling

Summary of this case from In re E.A.K
Case details for

Keck v. First City National Bank of Houston

Case Details

Full title:Howard B. KECK, Sr., and Erin Anne Lower, Appellants, v. FIRST CITY…

Court:Court of Appeals of Texas, Houston, Fourteenth District

Date published: May 21, 1987

Citations

731 S.W.2d 699 (Tex. App. 1987)

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