Mark Adams; Waterloo Medical Labs, LLC; Ashton Kouzbari; and Strategic Medical Services, LLC v. Landon Northcutt; Diversified Sales, LLC; Star Hospital Solutions, LLC; and Go Net, LLC

Summary

The Texas Eleventh Court of Appeals partially granted Appellants’ emergency motion in an accelerated appeal involving temporary injunctions issued without notice. The court stayed the trial court’s injunctive orders issued on August 25 and September 8, 2017, but declined to stay all proceedings in the trial court. The court expressed no opinion on the merits of the requested temporary injunction.

Holdings

1. The challenged orders were temporary injunctions, not merely temporary restraining orders, and a temporary injunction may not be issued without notice to the adverse party.
2. The emergency motion was granted insofar as Appellants sought a stay of the injunctive orders issued on August 25 and September 8, 2017.

Questions Presented

1. Whether the trial court's August 25 and September 8, 2017 orders were temporary injunctions subject to the notice requirement of Texas Rule of Civil Procedure 681.
2. Whether the appellate court should stay the injunctive orders and all proceedings in the trial court during the accelerated interlocutory appeal.

Disposition

other