ACCEPTED 05-15-01493-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 12/22/2015 8:30:49 AM LISA MATZ CLERK

CAUSE NO. 05-15-01493-CV

MICHAEL GAY COOK, IN THE COURT OF APPEALS FILED IN APPELLANT 5th COURT OF APPEALS DALLAS, TEXAS VS. 12/22/2015 8:30:49 AM LISA MATZ Clerk CAROLINE D. COOK, APPELLEE FIFTH DISTRICT OF TEXAS AT DALLAS

APPLICATION FOR TEMPORARY RESTRAINING ORDER

COMES NOW Appellant and files this Application for Temporary

Restraining Order and would show unto this honorable Court the following matters

to-wit:

1. Appellant has been unable to post a supersedeas bond in this matter because a hearing has

not been set for my Motion to Reduce Supersedeas Bond. Until the supplemental record is

received the Motion will not be heard and a lock out has been scheduled to occur prior to any

hearing on the pending Motion. A Writ of Possession has been served and the lock out is

scheduled for Wednesday, December 23, 2015 at 9:00 a.m. Appellant has not been able to secure

a new place to live. Appellant is elderly and has serious medical conditions, to include but not

limited to Type 2 diabetes, below knee amputation of left leg and hypertension. Removal from

the premises before acquiring suitable accommodations will put Appellant’s health at risk.

2. Unless the Appellee is enjoined, Appellant will suffer probable harm which is imminent

and irreparable. More specifically, if not enjoined, Appellee may take legal action to evict or

otherwise cause Appellant to be dispossessed of the Property. Appellant has no adequate remedy

at law because the subject matter is real property and any legal remedy of which Appellant may

avail itself will not give it as complete, equal, adequate and final a remedy as the injunctive relief herein sought.

3. Therefore, Plaintiff requests this Court issue a Temporary Restraining Order.

4. The granting of the relief requested is not inconsistent with public policy considerations.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that:

A. Court conduct a hearing on the Plaintiff=s Application for Injunctive Relief;

B. A temporary restraining order be issued restraining the Appellee, its agents,

employees, officers, directors, shareholders and legal counsel, and those acting in

concert or in participation with them who receive actual notice of the Order, by

personal service or otherwise, from enforcing a Writ of Possession or otherwise

taking action to evict the Appellant from the real property which is the subject

matter of this lawsuit.

Respectfully submitted this the 22nd day of December, 2015.

Kerry L. Prisock Kerry L. Prisock State Bar Number 24082005 Post Office Box 1051 Rockwall, Texas 75087 Telephone: 214-632-3823 Facsimile: 469-252-7496 [email protected] ATTORNEY FOR APPELLANT