Section 273.081 - Injunction

1 Analyses of this statute by attorneys

  1. Court Affirms Orders Against A Trustee Granting Injunctive Relief And Appointing A Receiver

    Winstead PCApril 25, 2022

    The court of appeals did make a very interesting footnote regarding whether the common-law elements for injunctive relief are required for an injunction issued under the Texas Trust Code:Where injunctive relief is provided by a specific statute, an applicant may not need to prove these common law elements to obtain temporary relief. See, e.g., Cook v. Tom Brown Ministries, 385 S.W.3d 592, 599 (Tex. App.—El Paso 2012, pet. denied) (analyzing Tex. Elec. Code Ann. § 273.081); 8100 N. Freeway Ltd. v. City of Houston, 329 S.W.3d 858, 861 (Tex. App.—Houston [14th Dist.] 2010, no pet.) (analyzing Tex. Loc. Gov’t Code Ann. § 243.010); see also Marauder Corp. v. Beall, 301 S.W.3d 817, 820 (Tex. App.—Dallas 2009, no pet.). In such cases, we review the trial court’s decision on a temporary injunction application for an abuse of discretion.