City of Sherman v. Eiras
Cases that cite this one
17 later published cases cite this decision. The 16 that cite it most often are listed here.
- ACI Healthcare Staffing, LLC v. V-Platinum Cosulting, Lp and V-Platinum Management, LLC (Tex. App. 2013)
- Maria Margarita Rojas, Maternal Maternal and Child Healthcare and Research Center LLC D/B/A Clinica Latinoamericana; Clinicas Latinoamericans; Clinica-Waller Latinoamericana; Clinica-Telge Latinoamericana A/K/A Clinica De La Mujer A/K/A Houston BirthHouse v. State of Texas (Tex. App. 2025)
- Darrell Buchanan and Canon House Builders, LLC, Vigor Testosterone and Weight Loss, PLLC, John Leondike, Lala Rodriguez, Kassandra Canales v. Androderm X, LLC (Tex. App. 2025)
- Kelly Clark, Alan Swindoll, Courtney Swindoll and ALS Associates, Inc. v. Hastings Equity Partners, LLC, Axios Industrial Group, LLP and a & L Ultimate Holdings, LLC (Tex. App. 2022)
- in the Estate of Reymundo De La Rosa (Tex. App. 2022)
- Chris Massenburg and Jonathan Lawton v. Lake Point Advisory Group, LLC (Tex. App. 2020)
- David Reiss and Spy Games, LLC v. Jason R. Hanson (Tex. App. 2019)
- the Good Shepherd Hospital, Inc. D/B/A Christus Good Shepherd Medical Center Longview v. Select Specialty Hospital - Longview, Inc. (Tex. App. 2018)
- Freedom LHV, LLC v. IFC White Rock, Inc. (Tex. App. 2016)
- in Re George Green and Garlan Green (Tex. App. 2015)
- El Tacaso, Inc. v. Jireh Star, Inc. (Tex. App. 2011)
- City of Navasota v. NationStar Mortgage, LLC (Tex. App. 2009)
- Independent Capital Management, L.L.C. v. Collins (Tex. App. 2008)
- Tanguy v. Laux (Tex. App. 2008)
- Mark Donaho v. King Wade Bennett (Tex. App. 2008)
- Ricardo J. Garcia v. Miguel Longoria (Tex. App. 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION AND ORDER
The Court suspends the rules of appellate procedure and immediately submits the appeal of the temporary injunction without briefs and oral argument. Tex. Rs.App. P. 2 and 28.3.
The temporary injunction contained in the clerk’s record does not include a setting for trial on the merits as required by civil procedure rule 683. Tex.R. Civ. P. 683. The failure to meet the requirements of civil procedures rules 683 and 684 renders a temporary injunction subject to being declared void. Qwest Communications Corp. v. A T & T Corp., 24 S.W.3d 334, 337 (Tex. 2000) (per curiam). A temporary injunction which does not include a setting for trial on the merits on a specific date is void. EOG Res., Inc. v. Gutierrez, 75 S.W.3d 50, 53 (Tex.App.-San Antonio 2002, no pet.). An appellate court can declare a temporary injunction void even if the issue has not been raised by the parties. Id. We conclude the temporary injunction signed by the trial court on March 3, 2005 is void because it fails to include a specific date for trial on the merits. Accordingly, the Court REVERSES the temporary injunction signed March 3, 2005. The Court ORDERS the trial court to enter an order dissolving the temporary injunction signed March 3, 2005.
*932 The petition for writ of mandamus remains pending before the Court. The Court’s order issued March 15, 2005 insofar as its sets a briefing schedule and date for submission for the original proceeding remains in effect. The Court’s order issued March 16, 2005 for notification of the date the ballots will be printed remains in effect.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.