Dissolving Temporary Injunction After a Non-Evidentiary Hearing
In of Hudson v. Ivie, 592 S.W.2d 658 (Tex. Civ. App.-Beaumont 1979, no writ), the trial court granted a temporary injunction after an evidentiary hearing.
Five days later, after a non-evidentiary hearing, the trial court granted the defendant's motion to dissolve the injunction.
On the same day, the trial court dismissed the entire proceeding.
The court of appeals determined that the trial court abused its discretion in dismissing the case after holding only a preliminary hearing.
However, it affirmed the trial court's order dissolving the injunction because it "read the statement of facts containing the evidence offered at the temporary injunction hearing and could not conclude that the trial court abused its discretion in dissolving the temporary injunction which had been improvidently granted a few days earlier." Ivie, 592 S.W.2d at 659-60.
In Ivie, the time to review the order granting the temporary injunction has expired, the court of appeals had jurisdiction to review the propriety of the trial court's decision to grant the temporary injunction.
The court of appeals' determination that the trial court had the authority to dissolve its previously granted temporary injunction was, in reality, a determination that the temporary injunction had been improperly granted.