Opinion
No. 05-07-01597-CV
Opinion issued September 4, 2008.
On Appeal from the 68th Judicial District Court Dallas County, Texas, Trial Court Cause No. 07-09161-C.
Before Chief Justice THOMAS and Justices WRIGHT and MAZZANT.
MEMORANDUM OPINION
STA Holdings, LLC appeals the trial court's order granting a temporary injunction enjoining STA Holdings, LLC from pursuing its Alabama lawsuit against Dennis Joslin Jamaica, Inc., Dennis Joslin Company, LLC, Dennis Joslin Company, Dennis Joslin Jamaica, LTD., Roellen Gin Company, Dennis Joslin, Individually, Jimmy Welch, Linda Welch, Willie Franklin Burnett, and Jane Joslin. For the following reasons, we vacate the trial court's order, dissolve the temporary injunction, and remand for further proceedings.
Among other things, rule 683 of the Texas Rules of Civil Procedure 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. Interfirst Bank San Felipe v. Paz Constr. Co ., 715 S.W.2d 640, 641 (Tex. 1986). A temporary injunction is void and should be dissolved when it does not include an order setting the matter for trial. Id. at 640-41; City of Sherman v. Eiras, 157 S.W.3d 931, 931 (Tex.App.-Dallas 2005, no pet.); Kaufmann v. Morales, 93 S.W.3d 650, 656-57 (Tex.App.-Houston [14th Dist.] 2002, no pet.).
We conclude the temporary injunction order signed by the trial court on November 5, 2007 is void because it fails to include a specific date for trial on the merits. Accordingly, we vacate the trial court's November 5, 2007 temporary injunction order, dissolve the temporary injunction, and remand for further proceedings.