Boudreaux v. Culver
In Boudreaux v. Culver, No. 01-03-01247-CV, 2005 WL 1111237 (Tex. App.--Houston 1st Dist. May 5, 2005, no pet.) (mem. op.), a motion requesting injunctive relief was filed in the trial court, to which Boudreaux filed a motion in opposition.
Thereafter, the trial court granted the motion; a copy of the drainage plan was sent to Boudreaux only after the motion was granted. Boudreaux then filed a motion requesting an injunction hearing, after which the injunction remained in place.
On appeal, the court concluded there was no evidentiary basis for the issuance of a permanent injunction ordering the implementation of the proposed drainage plan, which was never introduced into evidence.
Moreover, the trial court erred in granting a permanent injunction in addition to monetary damages, as both addressed the same injury.