Opinion

State v. Cook United, Inc.

  • 14 Tex. Sup. Ct. J. 175
  • 464 S.W.2d 105
  • 1971 Tex. LEXIS 297
Court
Texas Supreme Court
Filed
Jan 13, 1971
Status
Published
Author
Calvert
On the bench
Reavley, Calvert, McGee, Walker
Cited by
141 cases

holding that to comply with Rule 683, a temporary injunction in a general civil case must Agive the reasons why injury will be suffered if the interlocutory relief is not ordered@

How later courts described this case

  • holding that to comply with Rule 683, a temporary injunction in a general civil case must Agive the reasons why injury will be suffered if the interlocutory relief is not ordered@
  • explaining that under Rule 683 “it is necessary to give the reasons why injury will be suffered if the interlocutory relief is not ordered”
  • holding order denying plea in abatement could be attacked in appeal from temporary injunction “only in so far as the questions raised affect the validity of the injunction order”
  • holding that it is necessary to give the reasons “why injury will be suffered” if the temporary injunction were not ordered

Written by the judges who cited it.

The opinion

CALVERT, Chief Justice

(concurring).

I concur in the judgment rendered.

The requirement in Rule 683 that the reasons for issuing an injunction be stated in the order could hardly be couched in stronger language. It is mandatory. The order in the instant case states no reasons for its issuance. I concur in the judgment here rendered only because I am willing to recognize an exception to the Rule’s requirement in cases involving injunctive orders granted on behalf of the State to restrain the operation of statutorily declared public nuisances. That, in my judgment, is the effect of the majority’s opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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