Election Plan Temporary Injunction In Texas

In Del Valle Indep. School Dist. v. Lopez, 845 S.W.2d 808, 809-10 (Tex. 1992) the Del Valle Independent School District appealed from an "Order Adopting and Implementing Interim Election Plan" that required the holding of an election on May 2, 1992 with six members selected from single-member districts and one at large. Id. While review was pending, the election was held under the court- mandated plan. Id. The Austin Court of Appeals dismissed the appeal for want of jurisdiction, finding that the trial court's order was not a temporary injunction subject to review. See Del Valle Indep. School Dist. v. Lopez, 845 S.W.2d 916 (Tex. App.--Austin 1992), rev'd 845 S.W.2d 808 (Tex. 1992). Although the Austin court recognized that the trial court provided mandatory, temporary relief by implementing an interim election plan pending the final resolution of the case, the court of appeals nevertheless held that the order did not grant "injunctive" relief. Del Valle, 845 S.W.2d at 918. The court of appeals distinguished the order from an injunction because the trial court did not issue a writ of injunction in accordance with Texas Civil Practice and Remedies Code section 65.022. Id. The Supreme Court rejected the notion that matters of form control the nature of the order itself. 845 S.W.2d at 809. The Supreme Court held, "To reject the order's status as a temporary injunction based on a deficiency in form is to deny review of any defects that may render the order void." Del Valle, 845 S.W.2d at 809-10. Because the order was a temporary injunction, the school district was entitled to seek review in the court of appeals. Id.