Butron v. Cantu
In Butron v. Cantu, 960 S.W.2d 91 (Tex. App.-Corpus Christi 1997, no writ), a district court in Cameron County rendered a judgment against an attorney for legal malpractice. Id. at 93.
In response to this judgment, the attorney filed an action in Hidalgo County to declare the Cameron County judgment void and later sought a temporary injunction to prevent collection on a supersedeas bond posted with the Cameron County district court. Id.
The Hidalgo County district court subsequently issued a temporary injunction prohibiting the collection of the supersedeas bond. Id.
The issue on appeal was the propriety of the Hidalgo County district court's grant of the attorney's request for temporary injunction. Id. at 94.
The Court held that, since the Cameron County district court had rendered the judgment, only that court could enjoin collection on the supersedeas bond. Id. at 95.
There, injunctive relief was the primary relief sought by the attorney in Hidalgo County to "prevent appellant from executing on that Cameron County judgment." Id.
Moreover, this Court specifically noted that "section 65.023 is intended to ensure that comity prevails among the various Texas trial courts because orderly procedure and proper respect for the courts will require that . . . attacks upon their judgments should be made in the court rendering such judgment, rather than in other courts indiscriminately.'" Id. at 94.