State v. Cook United, Inc.

McGEE, Justice

(dissenting).

I respectfully dissent.

The majority opinion states: “The finding of the violation is itself a finding of injury and reason for the order to cease.” The trial court’s decree made no finding of any violation and stated no reason for granting the temporary injunction.

Rule 683, Texas Rules of Civil Procedure, provides:

“Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servant employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.” (Emphasis mine).

Rule 683 is clear and precise in requiring “the reasons for its issuance.” The injunction order of the trial court in this case fails to state any reason for the issuance of the temporary injunction. The material portions of the order of the trial court read as follows:

“ORDER GRANTING TEMPORARY INJUNCTION

“The 18th day of December, 1969, came on to be heard the First Amended *108 Application of the State of Texas, Plaintiff, for a temporary injunction * * * enjoining and restraining [defendants named] from jointly, singly, severally and in concert operating general merchandise businesses and mercantile establishments in Tarrant County, Texas, located at [locations given] in violation of and contrary to the provisions of Article 286a of the Penal Code of the State of Texas; * * * and all of the Defendants with the exception of Cook United, Inc., having appeared by and through counsel and announced ready for trial subject to their joint Plea in Bar and/or Abatement, and such Plea having been considered by the Court and overruled and denied; the Court proceeded to hear and consider the pleadings, evidence and argument of counsel, and having done so is of the opinion and finds that the Plaintiff is entitled to a temporary injunction as requested.

“It is therefore ordered, adjudged and decreed that [defendants named] be and they hereby are temporarily restrained and enjoined pending final hearing herein from singly, collectively, jointly, alternately or in concert from operating the herein described and located merchandise and mercantile business locations contrary to the provisions of Article 286a, Texas Penal Code. * * * ”

The requirement of a reason by Rule 683 is mandatory. Robertson Transports, Inc. v. Transport Company of Texas, 256 S.W.2d 134 [Tex.Civ.App.1953, reversed on other grounds 152 Tex. 551 , 261 S.W.2d 549 (1953)]; Brownlee v. Kirkwood, 396 S.W.2d 504 (Tex.Civ.App.1965, no writ); City of Houston v. Shober, 362 S.W.2d 886 (Tex.Civ.App.1962, writ ref'd, n. r. e.); City of Houston v. Rose, 361 S.W.2d 477 (Tex.Civ.App.1962, no writ); Northcutt v. Waren, 326 S.W.2d 10 (Tex.Civ.App.1959, writ ref’d, n. r. e.); Miller v. State, 305 S.W.2d 663 (Tex.Civ.App.1957, no writ); Gonzalez v. Rodriquez, 250 S.W.2d 253 (Tex.Civ.App.1952, no writ); Hodges v. State, 198 S.W.2d 150 (Tex.Civ.App.1964, no writ), and many others.

If this Court desires to grant an exception to Rule 683, Tex.Rules Civ.P., to the effect that the reason for issuance of the temporary injunction need not be stated, it should be accomplished by a rule change, not by reading something into an order that does not appear in the order itself.

I would affirm the judgment of the Court of Civil Appeals and remand the cause to the trial court.

WALKER, J., joins in this dissent.