Aloe Vera of America, Inc. v. CIC Cosmetics Int'l Corp
In Aloe Vera of America, Inc. v. CIC Cosmetics Int'l Corp., 517 S.W.2d 433, 436 (Tex. Civ. App.--Dallas 1974, no writ), the trial court signed an order styled "Permanent Injunction" and directed the clerk to issue a "Writ of Injunction permanently enjoining until January 1, 1975."
The court of appeals held that limiting the restraint to the period ending January 1, 1975, precluded the order from being a temporary injunction.
"Whether the restraint continues for six months or six years has no bearing on the question of permanency. No more permanent order could be made with respect to this particular claim for injunctive relief." Id. at 436. The court therefore held that the order was an interlocutory permanent injunction rather than a temporary injunction and thus was not appealable. See id.
Other courts of appeals have adopted the reasoning of Aloe Vera.
James v. Hubbard, 985 S.W.2d 516, 518 (Tex. App.--San Antonio 1998, no writ);
Brelsford v. Old Bridge Lake Community Service Corp., 784 S.W.2d 700, 702 (Tex. App.--Houston [14th Dist.] 1989, no writ);
Kelso v. Thorne, 710 S.W.2d 735, 736 (Tex. App.--Corpus Christi 1986, no writ);
Zoning Bd. of Adjustment v. Graham, 664 S.W.2d 430, 434 (Tex. App.--Amarillo 1983, no writ);
Gensco, Inc. v. Thomas, 609 S.W.2d 650, 651 (Tex. Civ. App.--San Antonio 1980, no writ).