Temporary Injunction to Stop Foreclosure of Real Property In Texas

In Guardian Savings & Loan Ass'n v. Williams, 731 S.W.2d 107, 109 (Tex. App.--Houston [1st Dist.] 1987, no writ), the trial court granted a temporary injunction enjoining Guardian Savings from foreclosing on real property. On appeal, Guardian Savings argued that foreclosure would mitigate its damages. 731 S.W.2d at 109. However, there was no evidence Guardian Savings had a potential buyer for the property or that the property's value was diminishing. Therefore, the appellate court concluded the injunction was necessary to maintain the status quo. Id. In In re City of Dallas, Fort Worth filed suit against the City of Dallas and others, requesting a declaratory judgment that Dallas was "prohibited" from expanding commercial flight operations into and out of Love Field. City of Dallas, 977 S.W.2d at 801, 804. Fort Worth's petition and prayer for relief did not ask the trial court to order Dallas to do or not do anything. City of Dallas, 977 S.W.2d at 804-05. The appellate court held that Fort Worth's lawsuit was not injunctive in nature. City of Dallas, 977 S.W.2d at 805. The appellate court noted that the fact that a declaratory judgment adverse to Dallas's position would have the effect of restricting air passenger service out of Love Field did not transform Fort Worth's declaratory judgment action into a suit for a permanent injunction. City of Dallas, 977 S.W.2d at 805-06.