Although temporary injunctions can be useful legal remedies, enabling actions to be paused while the issues at stake are being assessed and resolved, specific rules of civil procedure must be carefully followed whenever an injunction is ordered. Failure to do so opens the door for a successful appeal—as a recent case illustrates.
Specificity Rules
Successful use of temporary injunction orders requires specific details about the actions to be halted and a trial date for resolution. Lack of detail can lead to reversal, as JD Supra reports:
In Quintanilla v. De La Rosa, a defendant appealed the trial court’s issuance of a temporary injunction enjoining her from withdrawing money from a bank account that belonged to a decedent. No. 13-20-00575-CV, 2021 Tex. App. LEXIS 5849 (Tex. App.—Corpus Christi July 22, 2021, no pet. history). The plaintiff, the daughter of the decedent, sued the defendant, claiming that the defendant being listed as the beneficiary of the account was an accident and was not intentional. The court of appeals reversed the injunction because it failed to state reasons for its issuance and failed to set a trial date:
The rules of civil procedure require every order granting a temporary injunction to: (1) specifically state the reasons for its issuance and state, with reasonable detail and not by reference to the complaint or other document, the acts sought to be restrained; and (2) contain a trial setting date. The procedural requirements of this rule are mandatory. A temporary injunction that does not meet these requirements is “subject to being declared void and dissolved.” … Here, the temporary injunction does not contain any statement explaining the reasons for its issuance, and it does not set a trial date. Therefore, the temporary injunction is void.
More About Injunctions
As Farrell Fritz Attorneys explain: “An injunction is a kind of court order. It usually comes in the form of a prohibition against a person or entity acting in a particular way…Less frequently, it can come in the form of a mandate to do or engage in certain conduct (for example, in a business divorce case, to provide ongoing access to corporate books and records).”
Though state laws differ, frequently, when issuing an injunction order, courts require the party seeking it to secure an injunction bond (also referred to as a TRO bond). Essentially, an injunction bond obligates payment of costs and damages incurred if the court later determines that the injunction order was unnecessary. The amount of the injunction bond is set by the court, along with the deadline for securing the bond. Colonial Surety Company, a leading, direct provider of bonds across the country, offers an online service for quickly obtaining an Injunction/TRO Bond. Simply get a quote online; fill out your information; and, enter your payment method. Print or e-file the bond from anywhere—even the courthouse. Obtain an Injunction or TRO Bond Here.
Injunctive relief comes in “three sizes”—based on the timeframes involved: temporary—which is often referred to as a temporary restraining order (TRO); preliminary; and permanent. Injunctions can be especially useful for situations in which money alone cannot prevent harm. Investopedia notes: “In addition to making a financial judgment against a defendant, a court might issue a permanent injunction ordering that the defendant does not participate in a certain activity or business.” Although injunctions can be very useful remedies when properly applied, state laws specifying their use must be carefully followed.
Headed to Court?
Probate litigation? Business divorce? Appeal? We’re here to help. Colonial Surety’s Partnership Account® for Attorneys is a free, digital, business service that provides lawyers with a fast and efficient way to secure court and fiduciary bonds, as well as a user-friendly client management system. Save time as you coordinate, view, complete and e-file the court and fiduciary bonds clients need—all from Colonial’s innovative online platform.
Colonial’s direct, fully digital, user-friendly system reduces the time, hassle and expense typically associated with antiquated processes. Increase your efficiency—and lower costs for clients with Colonial’s direct, user-friendly system. See for yourself—just sign up here: The Partnership Account® for Attorneys.
Founded in 1930, Colonial Surety Company is a leading direct seller and writer of surety bonds and insurance products. Colonial is rated “A Excellent” by A.M. Best Company, U.S. Treasury listed, and licensed for business everywhere in the USA.