Laredo Junior College Dist. v. Zaffirini

In Laredo Junior College Dist. v. Zaffirini, 590 S.W.2d 535 (Tex. Civ. App.-San Antonio 1979, writ ref'd n.r.e.), the court of appeals held that a second extension of a temporary restraining order contrary to Rule 680 should not be considered an appealable temporary injunction. Zaffirini, 590 S.W.2d at 536. The trial court had granted the second extension when it recessed the temporary injunction hearing for a two-week period, and extended the temporary restraining order "'until the hearing on the application for temporary injunction is concluded or until further orders of' the court." Id. The court of appeals held that the extension could not be considered an appealable order granting a temporary injunction, but was in effect "an invalid attempt to prolong the life of the temporary restraining order." Id. In Zaffarini, the court of appeals dismissed for lack of jurisdiction the interlocutory appeal challenging the "temporary restraining order," because it concluded that the trial court extended the temporary restraining order beyond the rule's time period solely to preserve the status quo until the trial court could complete the temporary injunction hearing. Zaffirini, 590 S.W.2d at 536.