Bialkowski v. Johnson
Bialkowski v. Johnson
Opinion of the Court
OPINION
This is an appeal from a temporary injunction. Plaintiff-Appellant Charles V. Bialkowski sued Defendant-Appellees Whorton Johnson and Aztec Management and Investment Co., Inc., for damages and for title and possession to real estate under theories of sworn account, fraud, and trespass to try title. Thereafter, Defendants
Plaintiff Bialkowski, the party enjoined, appeals upon five points of error; however, we need discuss only his first point, to wit, that said temporary injunction is void because no bond was set by the court or filed by the Defendants. We sustain this point.
Under Rule 684, Texas Rules of Civil Procedure, the requirement of a bond is mandatory, and such a temporary injunction without a bond is void. Lancaster v. Lancaster (Tex. 1956) 155 Tex. 528, 291 S.W.2d 303. For said reason, we reverse and remand the cause to the trial court.
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.