Motion to Dissolve a Temporary Injunction Based on Changed Circumstances
The purpose of a motion to dissolve a temporary injunction is to provide a means to show that changed circumstances, including changes in the law, compel the dissolution of the injunction. See Tober v. Turner of Tex., Inc, 668 S.W.2d at 836. (Tex. App.-Austin 1984, no writ).
The purpose is not to give an unsuccessful party an opportunity to relitigate the propriety of the original grant. Id.
When changed circumstances are the basis of a motion to dissolve, the moving party must show some substantial change has occurred since the proper issuance of the temporary injunction such that the order should be dissolved. See Desai, 813 S.W.2d at 642; Tober, 668 S.W.2d at 836.
The only legitimate purpose of a temporary injunction is to preserve the status quo pending trial, and the most expeditious relief from an unfavorable preliminary order dissolving an injunction is a prompt trial on the merits. See Reeder v. Intercontinental Plastics Mfg. Co., 581 S.W.2d 497, 499 (Tex. Civ. App.-Dallas 1979, no writ) (appeal from order granting temporary injunction).
An interlocutory appeal should not be used to obtain an advance ruling on the issues, and we may not give full consideration to the merits of the underlying lawsuit. See State v. Ruiz Wholesale Co., 901 S.W.2d 772, 777 (Tex. App.-Austin 1995, no writ) (discussing limited scope of review following denial of a temporary injunction); Reeder, 581 S.W.2d at 499.