John S. Bulliner Jr. v. El Chico Garcia Jr. and Tyson Garcia

Summary

The Texas Thirteenth Court of Appeals affirmed the denial of John S. Bulliner Jr.'s application for a temporary mandatory injunction requiring removal of a home inadvertently built on his property. The court held that Bulliner failed to demonstrate probable, imminent, and irreparable injury or the exceptional circumstances required for temporary mandatory injunctive relief, particularly given the unintentional trespass and the severe hardship that demolition would cause the homeowners.

Holdings

1. Bulliner failed to establish the requirements for temporary injunctive relief, including a probable, imminent, and irreparable injury and the exceptional circumstances or extreme hardship required for a temporary mandatory injunction.
2. The trial court did not abuse its discretion in concluding that denial of the injunction would cause only slight injury to Bulliner while granting it would cause significant injury to the Garcias.

Questions Presented

1. Whether the trial court abused its discretion by denying Bulliner's application for a temporary mandatory injunction requiring removal of the Garcias' home from Bulliner's land.
2. Whether Bulliner established a probable, imminent, and irreparable injury, including the exceptional circumstances or extreme hardship required for temporary mandatory injunctive relief.
3. Whether the balance of equities and relative hardships supported issuance of the injunction.

Disposition

affirmed