Interlocutory Appeal Temporary Injunction In Texas
In Hiss v. Great North American Companies, 871 S.W.2d 218 (Tex. App.--Dallas 1993, no writ) the appellant sought an interlocutory appeal from a trial court's grant of a temporary injunction.
The appellate court commented that the only issue before a trial court is whether the status quo should be maintained pending a trial on the merits, and that an applicant may not use an appeal from a temporary injunction in an effort to get an advance ruling on the merits.
It further explicated that the appeal from a temporary injunction should not be cause of a trial delay.
The court also opined that a trial court should proceed expeditiously to full consideration of the merits to reduce the need for interlocutory appeals and opined that "the fastest way to cure the hardship of an unfavorable preliminary order is to try the case on the merits." Id. at 219.
Believing that both parties were using the trial court's ruling on the temporary injunction to get an advance ruling on the merits of the underlying case, the Hiss court concluded the appeal was frivolous and dismissed it. Id. at 220.